The driver of an Argos delivery lorry who said he was unable to pull over or slow down before he struck and killed a cyclist near Stockton-on-Tees in May last year - an assertion challenged by the prosecution - has been given a six month prison sentence, suspended for two and a half years.
Joseph Reed, aged 50 and from Willington, County Durham, had pleaded guilty at Teeside Crown Court to causing the death by careless driving of 61-year-old father of four Sean Ruff on the evening of 21 May 2013, reports the Northern Echo.
Mr Ruff, who worked as a finance director for demolition specialists Able UK, had been making his usual post-work bike ride before driving home to Cleadon, South Tyneside, when he was struck from behind by Reed’s lorry.
The court was told that he suffered multiple injuries and that death would have been almost instantaneous.
Christine Egerton, speaking for the prosecution, said that the victim would have been visible to the driver for a minimum of 9 seconds and a distance of 227 metres prior to the collision at 6.20pm on the A66 at Elton, near Stockton-on-Tees.
She said: "Witnesses said he did not brake or deviate, even after the collision. Some witnesses feared he was not going to stop, although he did do so.
“An accident reconstruction found he was travelling at 55mph on the 70mph limit dual carriageway.”
She rejected claims made by Reed when he was interviewed by police that although he had seen Mr Ruff, traffic in the lane outside him meant he could not pull out, while vehicles behind meant he was unable to stop.
"Witness accounts do not support that, they say lane two was empty,” she said. “In any case, there was room for Mr Reed to pass safely while remaining in lane one.”
Christopher Dorman-O’Gowan, speaking in mitigation on behalf of Reed, said: “He does not seek to blame Mr Ruff in any way. A thoroughly decent man died that day, and a good man was at the wheel of the wagon.”
Passing sentence on Reed, Judge Peter Armstrong said: “Cases such as this are a tragedy for all concerned.
"Nothing I can say will provide comfort or recompense for the family of Mr Ruff, any life is priceless.”
"Your inattention to the road that day was not momentary, but neither was it a prolonged period of inattention.
"In passing sentence, I am bound to follow the guidelines for judges in such cases,” he added.
And still the best way to commit murder in this country & get away with it as yet another killer dodges justice. Speeding, visible for ages, didn’t deviate from his line even after hitting the cyclist. Couldn’t pull out due to traffic, fair enough. Couldn’t slow down due to traffic behind! Really? Couldn’t brake or anything radical like that? Then his brief has the nerve to say the driver doesnt blame the cyclist! Justice! Don’t make me laugh.
Adequate room to pass safely even with the outer lane occupied? 
At the speed he was driving I think not at least half a lane preferably a whole lane.