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Death driver freed
Reporter: Andrew Rudkin
Date online: 16 January 2013
A DRIVER jailed for killing an Oldham woman when he crashed during a diabetic attack at the wheel has walked free on appeal.
Nigel Rigby (51), of Sycamore Avenue, Chadderton, admitted causing Anna Horsfall’s death by careless driving in December 2010.
But appeal judges decided his 16-month prison sentence — received in October — was too long and allowed his immediate release.
Ms Horsfall’s family has called the Court of Appeal’s decision “disgusting”.
Georgina Horsfall, sister of Anna, who would have celebrated her 34th birthday next month, said: “This is not justice for our family — he should not have been freed, he killed my sister. This is too soon.”
Mr Rigby, a diabetic for 30 years, had been visiting his wife in hospital and had given himself a strong dose of insulin to deal with his high blood sugar level, the court heard.
He was seen drifting from lane to lane; one motorist with whom he argued said he appeared drunk at traffic lights - and moments later he ploughed into 31-year-old Miss Horsfall in Spencer Street, Chadderton, fatally injuring her.
Pleading guilty, he said he had suffered a hypoglycaemic attack without warning - but admitted he could have anticipated it if he had checked his blood sugar level before driving away from the hospital.
Trial judge Judge Leslie Hull likened Mr Rigby’s failure to manage his illness on that one occasion as akin to drinking alcohol then getting behind the wheel. He also disqualified him from driving for 10 years.
Guy Mathieson, representing Rigby on appeal, argued the judge was wrong to characterise the offence in that way and had passed a sentence significantly too long.
Mr Justice Cranston said there was a difference between a drink-driver and a diabetic unfit to drive due to blood sugar problems.
He said Mr Rigby had served four months in prison and that was an appropriate sentence.
Mr Rigby is now back home — but has refrained from commenting on his release.
Mr Justice Cranston, who sat with Lord Justice Pitchford and Mr Justice Haddon-Cave at the appeal, said: “This type of case always poses acute sentencing difficulties. The harm is always enormous.
“In this case, Anna Horsfall lost her life, which has had a devastating effect on her family.
“But in our view, there were exceptional circumstances in this case.
“The appellant’s wife had been in hospital. That led to the stress levels which, on the medical evidence, could have led to the appellant’s hypoglycaemic episode, without warning.
“There was a single error in this case - namely the failure to check before he left the hospital. That failure only might have revealed a risk.”
He said the judge was right to impose a prison sentence but added: “Given the exceptional circumstances of this case, the appropriate sentence was a shorter custodial sentence.”
Comments
Diabetics can't continually check. The test strips are no longer on the NHS in most areas and cost a fortune.
So the public has a choice - support the re-funding of the strips (about £25 for 50 - less than 2 tests a day)
or ban all diabetics from driving
or play the probability game - that the risk of a diabetic having a hypo, whilst driving, without they or anyone else noticing it starting is less likely than being hit by lightening probably.
it a joke how can he be free for killing my sister he can stand in court hold is hands up looking at us all telling us he sorry then do two month two week and get out he isent that soory he couldent even do his time where the justice for my anna a hope he can live with is self knowing he has torn my family apart rest in peace anna once our angel now our guardian angel
I fully understand why the family are upset about the driver, but it is a medical problem that he has managed for 30 yrs.
If a driver had a heart attack at the wheel and killed someone would that still be careless driving..
I think the driver will be suffering in his own way knowing the guilt he has of killing someone.
I know it is hard for the family but it was a genuine accident I`m sure....
I am diabetic and on insulin, and have been driving every day for many years. Thankfully I have never had a hypo at the wheel or an accident. You have to accept that this was a very unfortunate accident for both parties, but this man is not a criminal. Many drivers are under the influence of alcohol ond/or drugs, have no licence nor insurance, are in stolen cars, playing racing games etc.
I totally agree with 'heandshe''s comments.
This is really hard to make a decision on i really feel for Anna & her family, but on the other hand that guy had his problems too maybe worrying more about his sick wife than himself, people are usually put in jail for rehabilitation this was an accident but poor judgement on the driver but his mind was on other things, i really don't know what should be done in a case like this but i don't jailing the poor man isn't the answer, but maybe a life time driving ban should be imposed.
I agree that ANY medical condition that may lead to an accident whilst driving a vehicle should cause the person to loose their licence,untill they prove it is no longer a problem,but policing it and putting the legislation in place is too big an ask for government,so this sort of tragic accident will continue to happen,so sorry for your loss.
heandshe, totally different, you dont know when you have a heart attack but you do know the risk when diabetic. My mate is diabetic and you have to check yourself before driving, ITS THE LAW and this man BROKE IT.
I'm sorry Georgina but you sound very bitter, keeping him in prison isn't going to bring your sister back, and it won't lessen the grief either. Finding some forgiveness is much more likely to help you come to terms with your loss than anger and revenge.
It's a tragic consequence for him, this wasn't some reckless idiot whose poor driving would have an inevitable consequence. If you can't accept that he is sorry then closure will take a long long time for you.
@Fitton Hill "My mate is diabetic and you have to check yourself before driving, ITS THE LAW and this man BROKE IT."
I'm diabetic and it isn't the law at all - and the reason is very very simple - money. If they made it law then they would have to make the test strips available on the NHS.
Diabetics will about 3 times in 4 realise themselves when they are going into a hypo. but 1 time in 4 they don't and rely on other people noticing instead.
i can not accept that he says he is sorry in court for what he did he did not have the bottle to finnish his sentance to me he is just low life
annas dad
This man did not have a heart attack he failed in his control of his illness and even when another motorist warned him of his erratic driving he still kept going. When applying for a driving licence you have to declare diabetes - and a licence is only granted if the person can show the illness is under control. I agree with the original judge and feel much more sorry for Anna's family than for his.
this POOR man was visiting his sick wife this POOR man had other things on his mind. what about this poor family who have been torn apart not only by this man who failed to check his bloods before driving must have known he wasnt fit to drive while he was at the "HOSPITAL" but also by the appeal judges who decided he had spent long enough (2 months 2 weeks) in prison !!! as for you "FLAKE" georgina doesnt sound bitter just let down by the justice system r.i.p anna we love u
Road Rocket, Most diabetics are T2 and they do not declare to the DVLA unless they become insulin dependent or they take more than a certain amount of certain tablets - such as gliclazide. T1 diabetics do declare and are issued shorter licences. Unless they experience more than one Hyper/Hypo a year, DVLA is happy.
Then we come back to testing. Most of UK only issues test kit to T1. T2 rely only on annual hb1Ac test in most areas due to cost.
/cont (@roadrocket)
I am T2 and am under no obligation to notify DVLA. I take metformin breakfast and evening. However I take Gliclazide at lunch time and so my GPO had to notify DVLA. They in turn sent a printed form telling me that if I had more than one hypo in a 12 month period I must inform my Doctor.
So that's the legal bit done and dusted.
just had an e.mail from one of the legal departments explaining why the 3 judges made there decision to release rigby i can only compare them with LARRY;MOE&CURLY THE THREE STOOGES.what about the judge who passed sentence on the day what happens when he next has to hand down a custodial for rape/murder/armed robbery or another innocent person killed by a diabetic driver dont worry pal you can appeal in a couple of weeks i am sure THE THREE STOOGES will release you .
Diabetes and DVLA. adwilliams134: You are correct, you don't need to inform the DVLA unless you experience hypoglycaemia requiring assistance of another person. I apologise.
He made a mistake when he had things on his mind. Perhaps one of those criticising him on here could tell us all what it's like to be perfect.
Prison sentences in the UK serve to 'punish' the offender,'protect the public' and 'rehabilitate' the offender: They are not there for punitive revenge. By all accounts what happened here was a terrible accident, I feel for both families affected, but there is no other way to see this than as an accident; and so I struggle to see what a prison sentence achieved here at all.
Prison gave no 'justice' for anybody involved and so the appeal judges were correct in their decision to release Mr. Rigby
Have Your Say
Car drivers who rely on insulin should have their licences suspended and banned from driving.
Had this been done then Georgina would have been alive today.
This is the case if you drive an HGV, the moment a diabetic goes on to insulin they have to surrender their HGV licence.
By Saddleworth1 @ 16/01/2013 13:15:29