Case Study

Paul Kemsley killed cycling on the A30 in Cornwall

Incident date: 
Fri, 5 Oct 2012

A 54-year-old cyclist has been killed in a crash on the eastbound carriageway of the A30 between Hayle and Tolvaddon.

Paul Kemsley was a hospital employee and union representative from Camborne, Cornwall.

There is no information yet about whether the driver of the blue Daihatsu van has been arrested.

  • UPDATE (17/09/13)

At Truro Crown Court on Friday 13th September, Mark Entwistle, 35, admitted causing Mr Kemsley’s death by careless driving.

He will be sentenced in October.

  • UPDATE (21/10/13)

At Truro Crown Court Mr Entwistle received an 8-month prison sentence suspended for 2 years, was banned from driving for 2 years, ordered to undertake 250 hours unpaid work and ordered to take an extended driving test.

The court heard that Mr Kemsley had been wearing a yellow jacket with reflective strips and riding inside the carriageway’s white line. Witnesses saw the van veer to the left of the rumble strip until it was on the gravel, heading towards the cyclist.

The van had been travelling at between 47mph and 57mph when it struck the bicycle. It was in such a position that it would have been able to pass the cyclist without changing lanes.

Entwistle told police he saw the cyclist and planned to overtake but could not explain why he failed to act.

There was no evidence of speeding, mobile phone use, or other distractions.

Judge Harvey Clack said ‘this was not a momentary loss of attention, you had the time to take sensible precautions to prevent this ghastly tragedy. This was a grievous misjudgement.’

CTC's view: 

The sentence imposed sits in the mid-range for this type of offence. This is probably because there were no aggravating factors involved such as speeding or use of a mobile phone but no action was taken by Mr Entwistle to avoid the collision.

It is up to a judge’s discretion to impose an extended driving test on drivers who have either been found guilty of, or pleaded guilty to, causing death by careless driving, so we are glad to see this judge has exercised that discretion wisely.

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