Cyclist was hit by car doing 10mph

First published in News

A MOTORIST was believed to be driving at about 10mph when he hit and killed a cyclist, a court heard Bernard Parkes, aged 64, suffered a serious head injury and died hours after his bike was struck by Lee Kenny’s Peugeot 307, near to Bury College on March 23 last year.

Bolton Crown Court was told there was no damage to Mr Parkes’ bike or Kenny’s car, but the victim was not wearing a helmet.

Mr Parkes had been shopping and had bags hanging on his handle bars when the crash happened at 7.30am while he cycled back to his home in Radcliffe Road, Bury.

Kenny, aged 36, was on the way to work in Crewe from his home in Rochdale Old Road, Bury, when he pulled out on the roundabout at Market Street’s junction with Wellington Road.

Peter Barr, prosecuting, told Judge Timothy Clayson the crash was a “glancing blow at a low speed”, thought to be about 10mph. There were no eyewitnesses.

Mr Barr said: “Lee Kenny said he slowed as he came to the junction. He sees a car going from Market Street to Market Street north. He doesn’t see the cycle.

“A police officer has concluded there was a collision between the car and bike. It’s a glancing blow at a low speed. Mr Parkes was knocked from his cycle. He strikes his head when he lands on the carriageway.”

Kenny, who had no previous convictions, helped at the scene and had been struck with remorse for his victim’s family.

Mark Friend, defending, said: “Mr Kenny is a thoroughly decent man who has contributed to both his local and wider community. His day began with an ordinary journey to work and, in those hours, his life changed in a second.”

He added: “He realises nothing he can say could sway the grief for which he is truly sorry. His wish to me was to indicate his utter remorse for what happened.”

Kenny pleaded guilty to death by careless driving.

Judge Clayson sentenced him to serve a 12-month community order with 160 hours of unpaid work. He was disqualified from driving for 18 months, but will not have to do a retest before driving again.

The judge said: “No sentence the court can impose can replace a loved one or reduce the grief experienced by close relatives.”

Mr Parkes leaves behind his two brothers, David and Malcolm, and his sister, Joyce.

Comments (14)

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10:25am Thu 23 Feb 12

supaking says...

What another pathetic sentence for killing a cyclist. It seems like the driver was blaming the cyclist "for not wearing a helmet" thus hitting his head and dying ad a result. Drivers need to look out for cyclists at junctions, roundabouts etc AND GIVE CYCLISTS ROOM. Now somebody is dead just because of a driver not looking.. RIP Mr Parkes.
What another pathetic sentence for killing a cyclist. It seems like the driver was blaming the cyclist "for not wearing a helmet" thus hitting his head and dying ad a result. Drivers need to look out for cyclists at junctions, roundabouts etc AND GIVE CYCLISTS ROOM. Now somebody is dead just because of a driver not looking.. RIP Mr Parkes. supaking
  • Score: 0

3:40pm Thu 23 Feb 12

xBuryGirlx says...

sorry supaking but I disagree with you, this isnt a typical case of a drink driver or someone with no insurance etc. This is a man who has made a mistake. There are numerous times cyclists have pulled out or I have not seen them until the last minute. He isn't blaming the cyclist, but maybe the cyclist would have had less serious injuries had he been wearing a helmet. I feel sorry for both parties, the cyclists family and Mr Kenny. A tragic accident. RIP Mr Parkes
sorry supaking but I disagree with you, this isnt a typical case of a drink driver or someone with no insurance etc. This is a man who has made a mistake. There are numerous times cyclists have pulled out or I have not seen them until the last minute. He isn't blaming the cyclist, but maybe the cyclist would have had less serious injuries had he been wearing a helmet. I feel sorry for both parties, the cyclists family and Mr Kenny. A tragic accident. RIP Mr Parkes xBuryGirlx
  • Score: 0

7:44pm Thu 23 Feb 12

Babbar Divino says...

I agree with xBuryGirlx. This is just one of those things that can happen to anyone. "But by the grace of God go I"
I agree with xBuryGirlx. This is just one of those things that can happen to anyone. "But by the grace of God go I" Babbar Divino
  • Score: 0

8:57am Fri 24 Feb 12

snodgros says...

xBuryGirlx wrote:
sorry supaking but I disagree with you, this isnt a typical case of a drink driver or someone with no insurance etc. This is a man who has made a mistake. There are numerous times cyclists have pulled out or I have not seen them until the last minute. He isn't blaming the cyclist, but maybe the cyclist would have had less serious injuries had he been wearing a helmet. I feel sorry for both parties, the cyclists family and Mr Kenny. A tragic accident. RIP Mr Parkes
I agree with you xBuryGirlx! A tragedy for all concerned. RIP Mr Parkes.
[quote][p][bold]xBuryGirlx[/bold] wrote: sorry supaking but I disagree with you, this isnt a typical case of a drink driver or someone with no insurance etc. This is a man who has made a mistake. There are numerous times cyclists have pulled out or I have not seen them until the last minute. He isn't blaming the cyclist, but maybe the cyclist would have had less serious injuries had he been wearing a helmet. I feel sorry for both parties, the cyclists family and Mr Kenny. A tragic accident. RIP Mr Parkes[/p][/quote]I agree with you xBuryGirlx! A tragedy for all concerned. RIP Mr Parkes. snodgros
  • Score: 0

11:58am Fri 24 Feb 12

martuk2002 says...

Where in this article does it say that the driver has tried to lay the blame at the feet of Mr Parkes?. In actual fact it clearly explains that Kenny assisted at the scene and showed genuine remorse. As said by other comments, this is nothing more than a tragic accident, which sadly resulted in the loss of a much loved and respected man. My heart goes out to Mr Parkes family, this horrendous event has been played out for over a year now, I can only hope they find some form of peace and resolution.
Where in this article does it say that the driver has tried to lay the blame at the feet of Mr Parkes?. In actual fact it clearly explains that Kenny assisted at the scene and showed genuine remorse. As said by other comments, this is nothing more than a tragic accident, which sadly resulted in the loss of a much loved and respected man. My heart goes out to Mr Parkes family, this horrendous event has been played out for over a year now, I can only hope they find some form of peace and resolution. martuk2002
  • Score: 0

7:36pm Fri 24 Feb 12

supaking says...

160 hours unpaid work for killing someone is PATHETIC this judge literally might have just as well not bothered. The driver should never be allowed to drive a vehicle ever again also... if you had a gun licence and killed someone you would never be allowed a gun licence again in 18 months time!! Im sick to death of these "sentences" for drivers who kill on the roads
160 hours unpaid work for killing someone is PATHETIC this judge literally might have just as well not bothered. The driver should never be allowed to drive a vehicle ever again also... if you had a gun licence and killed someone you would never be allowed a gun licence again in 18 months time!! Im sick to death of these "sentences" for drivers who kill on the roads supaking
  • Score: 0

8:32pm Fri 24 Feb 12

martuk2002 says...

Your argument lacks substance and gravitas. Whilst of course you are entitled to your opinion. Each case must be viewed on a case by case basis and fact. In this case there was no premeditated cause. It was just indeed a tragic accident. If somebody goes out and shoots somebody, that's a premeditated act and is called Murder. An accident of this nature is just that an Accident. Think of this , any sentence imposed by the presiding Judge, be that custodial or in this case a Non Custodial is nothing compared to living a life time of guilt and remorse for being party to the death of somebody, that I'm sure Mr Kenney is feeling and will continue to feel.
Your argument lacks substance and gravitas. Whilst of course you are entitled to your opinion. Each case must be viewed on a case by case basis and fact. In this case there was no premeditated cause. It was just indeed a tragic accident. If somebody goes out and shoots somebody, that's a premeditated act and is called Murder. An accident of this nature is just that an Accident. Think of this , any sentence imposed by the presiding Judge, be that custodial or in this case a Non Custodial is nothing compared to living a life time of guilt and remorse for being party to the death of somebody, that I'm sure Mr Kenney is feeling and will continue to feel. martuk2002
  • Score: 0

3:53pm Sat 25 Feb 12

supaking says...

My argument certainly doesnt lack substance.. try looking at sentences handed out to drivers who kill cyclists on our roads, then come back to me. I would also like to know how you know mr kenney lacks remorse? or are you just guessing based on what you would feel more likely, so YOUR argument lacks no substance and NO facts.. It would be possible to accidently shoot someone, say at a shooting range BY NOT LOOKING OUT for another person right in front of you !!
My argument certainly doesnt lack substance.. try looking at sentences handed out to drivers who kill cyclists on our roads, then come back to me. I would also like to know how you know mr kenney lacks remorse? or are you just guessing based on what you would feel more likely, so YOUR argument lacks no substance and NO facts.. It would be possible to accidently shoot someone, say at a shooting range BY NOT LOOKING OUT for another person right in front of you !! supaking
  • Score: 0

7:43pm Sat 25 Feb 12

buryreader says...

supaking

Have you considered that has there was so little contact between car and bike there was no damage to either that had the cyclist of be NOT had shopping bags on his handle bars he may not of lost control has easily with the glancing blow, he may of fell differently had the bags not been there, if he had a helmet on he would probably be here to tell the story himself. This was a accident, a tragic accident.
supaking Have you considered that has there was so little contact between car and bike there was no damage to either that had the cyclist of be NOT had shopping bags on his handle bars he may not of lost control has easily with the glancing blow, he may of fell differently had the bags not been there, if he had a helmet on he would probably be here to tell the story himself. This was a accident, a tragic accident. buryreader
  • Score: 0

8:57pm Sat 25 Feb 12

martuk2002 says...

I didn't say Mr Kenny "lacks" remorse ...I said it’s obvious he showed remorse. The Judge follows sentencing guidelines, Pre sentencing reports and victim impact statements. The sentence imposed on Kenny is at the lower end of the scale. (available online for all to view). If the CPS ( that's the crown prosecution service) had thought the accident and circumstances of the accident had warranted a more severe sentence they would have pushed for the higher end of the guideline. The Judge in this case would have had to consider that.
So before you climb on your soap box once again, deal in facts as I already have done. Perhaps more emphasis should be placed on the lack a laws governing cyclist’s and safety. If there was a law making the wearing of cycle helmets mandatory, perhaps fatalities would decrease.
I didn't say Mr Kenny "lacks" remorse ...I said it’s obvious he showed remorse. The Judge follows sentencing guidelines, Pre sentencing reports and victim impact statements. The sentence imposed on Kenny is at the lower end of the scale. (available online for all to view). If the CPS ( that's the crown prosecution service) had thought the accident and circumstances of the accident had warranted a more severe sentence they would have pushed for the higher end of the guideline. The Judge in this case would have had to consider that. So before you climb on your soap box once again, deal in facts as I already have done. Perhaps more emphasis should be placed on the lack a laws governing cyclist’s and safety. If there was a law making the wearing of cycle helmets mandatory, perhaps fatalities would decrease. martuk2002
  • Score: 0

12:31am Mon 27 Feb 12

supaking says...

Dont try to patronise me, oh and I'm not on my "soap box"

Facts of this case and of which the driver was found guilty are:
He did not see the cyclist when he should have seen him..it doesnt matter in the slightest if he was wearing a helmet or had shopping on his handlebars. The driver did not look properly, killed someone and got a PATHETIC sentence. There are your facts. Im shall not be replying again as ill be busy cycling around Bury, so please look out for me :) thank you, oh and have a read at some other "sentences" handed down to drivers who "accidently" dont look out for cyclists.
http://forum.ctc.org
.uk/viewtopic.php?f=
6&t=50829

http://www.stop-smid
sy.org.uk/
Dont try to patronise me, oh and I'm not on my "soap box" Facts of this case and of which the driver was found guilty are: He did not see the cyclist when he should have seen him..it doesnt matter in the slightest if he was wearing a helmet or had shopping on his handlebars. The driver did not look properly, killed someone and got a PATHETIC sentence. There are your facts. Im shall not be replying again as ill be busy cycling around Bury, so please look out for me :) thank you, oh and have a read at some other "sentences" handed down to drivers who "accidently" dont look out for cyclists. http://forum.ctc.org .uk/viewtopic.php?f= 6&t=50829 http://www.stop-smid sy.org.uk/ supaking
  • Score: 0

11:00am Mon 27 Feb 12

xBuryGirlx says...

Supaking-you're argument is petty as you are not stating facts. As buryreader says there was little damage to either forms of transport, the cyclist had bags of shopping and no helmet. Is this how you cycle too? Yes drivers should look out for cyclists but cyclists should wear helmets at all times and not have bags of shopping that may unbalance the bicycle. all in all arguing is very insensitive towards both parties involved especially the cyclists. Mr Kenny has to live with this for the rest of his life-that is the worst sentence he could get now pipe down.
Supaking-you're argument is petty as you are not stating facts. As buryreader says there was little damage to either forms of transport, the cyclist had bags of shopping and no helmet. Is this how you cycle too? Yes drivers should look out for cyclists but cyclists should wear helmets at all times and not have bags of shopping that may unbalance the bicycle. all in all arguing is very insensitive towards both parties involved especially the cyclists. Mr Kenny has to live with this for the rest of his life-that is the worst sentence he could get now pipe down. xBuryGirlx
  • Score: 0

11:55am Mon 27 Feb 12

Greenmount says...

Supaking, you're really not doing cyclists any favours.
A 64 year old guy is riding a bike early in the morning without a helmet and with bags of shopping hanging from the handlebars....as a cyclist, is that something you would do yourself? There is a glancing blow that causes no damage to the bike and the cyclist dies because he bangs his head on the floor.
The driver, who appears to be a decent enough bloke, gets community service and loses his job, no further punishment warranted or needed.
Supaking, you're really not doing cyclists any favours. A 64 year old guy is riding a bike early in the morning without a helmet and with bags of shopping hanging from the handlebars....as a cyclist, is that something you would do yourself? There is a glancing blow that causes no damage to the bike and the cyclist dies because he bangs his head on the floor. The driver, who appears to be a decent enough bloke, gets community service and loses his job, no further punishment warranted or needed. Greenmount
  • Score: 0

7:22pm Mon 27 Feb 12

ladymanchester54 says...

This is such a sad and tragic story. One paid with his life. I feel that the judge impose a sentence on what could be seen as doing the right thing but not actually doing the right thing!!!.
I find it frustrating and unfair that cyclists who use the road are not required to wear helments but motor cyclist are!!!. Why is that. There both road users. My children where never allowed to ride their bikes unless they had a helmet on. If a motor cyclist doesn't wear a helmet and is seen by the police, they are pulled up. Shouldn't cyclist have to follow the same procedure!!! and accidents such as this, could be reduced or even prevented.
My thoughts are with both families and I also feel that the law should be changed so all users on two wheels are obliged to wear helmets and if children are spotted, there bikes should be confiscated till the parents get them a helmet. If they can afford a bike, they can afford a helmet.
This is such a sad and tragic story. One paid with his life. I feel that the judge impose a sentence on what could be seen as doing the right thing but not actually doing the right thing!!!. I find it frustrating and unfair that cyclists who use the road are not required to wear helments but motor cyclist are!!!. Why is that. There both road users. My children where never allowed to ride their bikes unless they had a helmet on. If a motor cyclist doesn't wear a helmet and is seen by the police, they are pulled up. Shouldn't cyclist have to follow the same procedure!!! and accidents such as this, could be reduced or even prevented. My thoughts are with both families and I also feel that the law should be changed so all users on two wheels are obliged to wear helmets and if children are spotted, there bikes should be confiscated till the parents get them a helmet. If they can afford a bike, they can afford a helmet. ladymanchester54
  • Score: 0

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