Banned driver was drunk when he killed cyclist, court told

The Argus: KILLER: Samuel Kirk KILLER: Samuel Kirk

A banned drink driver who knocked down and killed a cyclist before fleeing the scene has been jailed for six years.

Samuel Kirk, 26, crossed double white lines to overtake a car on the A29 at Codmore Hill, near Pulborough, and hit Jennifer Hossack,, of Kingsfold, near Horsham, who was on the other side of the road.

Kirk lost control of his Citroen Xsara and crashed at 8pm on September 27 this year. He then fled the scene.

Miss Hossack, 27, and known to her friends and family as Jenny, died of her injuries.

Kirk, of no fixed address, was already disqualified from driving and had been drinking when he got behind the wheel and struck Miss Hossack.

He appeared at Lewes Crown Court on December 12 where he was convicted of causing death by dangerous driving and was jailed for six years.

He was also banned from driving for three years and will have to pass an extended test before he is allowed to have a licence again.

Judge Shani Barnes said Kirk had ruined the lives of the Hossack family when he took the decision to drive the car on that evening.

Sergeant Stewart Goodwin said: "The actions of Samuel Kirk show exactly what can happen when someone gets behind the wheel after drinking.

"His behaviour cost the Hossack family their loved one and have cost him his liberty.

"The message to people considering drink-driving is simple - don't do it."

 

Comments (29)

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2:43pm Wed 18 Dec 13

TheDrive says...

Six years prison is not adequate.
Six years prison is not adequate. TheDrive

2:54pm Wed 18 Dec 13

kopite_rob says...

14 years is the current maximum.
This chap who :
-was banned from driving.
-drove dangerously by crossing double white lines.
-drove under the influence of alchol.
-left the scene of an accident.
-killed.

doesn't even get half the maximum.
He'll be out before he's turned 30, with the rest of his life before him, whilst a 27 year old woman has lost her life.
How is this justice, and does it really send a strong message to others?
I just hope a really big inmate in prison decides he'll make a nice boyfriend.
14 years is the current maximum. This chap who : -was banned from driving. -drove dangerously by crossing double white lines. -drove under the influence of alchol. -left the scene of an accident. -killed. doesn't even get half the maximum. He'll be out before he's turned 30, with the rest of his life before him, whilst a 27 year old woman has lost her life. How is this justice, and does it really send a strong message to others? I just hope a really big inmate in prison decides he'll make a nice boyfriend. kopite_rob

3:02pm Wed 18 Dec 13

magic_chimp says...

A laughable sentence. Should be minimum 25 years with a lifetime driving ban and straight back to clink if he ever gets back behind the wheel.
The fact he was driving whilst already banned and was drunk means that he'll have no qualms about getting back behind the wheel once he is back in society despite a three year ban and having to take an extended driving test; that will be completely meaningless and absolutely no deterrent.
Thoughts go to the family of Miss Hossack.
A laughable sentence. Should be minimum 25 years with a lifetime driving ban and straight back to clink if he ever gets back behind the wheel. The fact he was driving whilst already banned and was drunk means that he'll have no qualms about getting back behind the wheel once he is back in society despite a three year ban and having to take an extended driving test; that will be completely meaningless and absolutely no deterrent. Thoughts go to the family of Miss Hossack. magic_chimp

3:09pm Wed 18 Dec 13

LB says...

I can't understand why he should ever be allowed to drive again. He's twice shown he's incapable of doing it responsibly.

3 years inside? It's true, if you kill with a car you get treated gently by the Criminal Justice system.
I can't understand why he should ever be allowed to drive again. He's twice shown he's incapable of doing it responsibly. 3 years inside? It's true, if you kill with a car you get treated gently by the Criminal Justice system. LB

3:28pm Wed 18 Dec 13

Indigatio says...

The sentence is too short. If 14 years is the maximum, that's what he should have got.
He should also have been banned from driving for life.
The Courts are so out of touch with public opinion.
What's the betting in 4 or 5 years time this guy is up before the Judge again for another motoring offence?
The sentence is too short. If 14 years is the maximum, that's what he should have got. He should also have been banned from driving for life. The Courts are so out of touch with public opinion. What's the betting in 4 or 5 years time this guy is up before the Judge again for another motoring offence? Indigatio

3:42pm Wed 18 Dec 13

Jim Davis says...

So, upon release is going to be given the chance to drive again. Why isn't he given a lifetime ban?
So, upon release is going to be given the chance to drive again. Why isn't he given a lifetime ban? Jim Davis

3:45pm Wed 18 Dec 13

HerbieGreen says...

Half the minimum sentence - what would they have to do to get the max? Madness - sentencing is no deterrent and a let down as usual!
Half the minimum sentence - what would they have to do to get the max? Madness - sentencing is no deterrent and a let down as usual! HerbieGreen

4:06pm Wed 18 Dec 13

The Prophet of Doom says...

A summary execution might be in order.
A summary execution might be in order. The Prophet of Doom

4:24pm Wed 18 Dec 13

qm says...

Banned driver kills while driving = murder! No mercy offered - none given!!

@The Prophet of Doom - That sticks in the throat a bit - but only a tiny bit!
Banned driver kills while driving = murder! No mercy offered - none given!! @The Prophet of Doom - That sticks in the throat a bit - but only a tiny bit! qm

4:43pm Wed 18 Dec 13

NickBtn says...

kopite_rob wrote:
14 years is the current maximum.
This chap who :
-was banned from driving.
-drove dangerously by crossing double white lines.
-drove under the influence of alchol.
-left the scene of an accident.
-killed.

doesn't even get half the maximum.
He'll be out before he's turned 30, with the rest of his life before him, whilst a 27 year old woman has lost her life.
How is this justice, and does it really send a strong message to others?
I just hope a really big inmate in prison decides he'll make a nice boyfriend.
Yes, what more do you have to do to get the maximum. Hopefully the sentence will be appealed and increased. There was forethought to this - especially as already banned from driving.
[quote][p][bold]kopite_rob[/bold] wrote: 14 years is the current maximum. This chap who : -was banned from driving. -drove dangerously by crossing double white lines. -drove under the influence of alchol. -left the scene of an accident. -killed. doesn't even get half the maximum. He'll be out before he's turned 30, with the rest of his life before him, whilst a 27 year old woman has lost her life. How is this justice, and does it really send a strong message to others? I just hope a really big inmate in prison decides he'll make a nice boyfriend.[/p][/quote]Yes, what more do you have to do to get the maximum. Hopefully the sentence will be appealed and increased. There was forethought to this - especially as already banned from driving. NickBtn

4:46pm Wed 18 Dec 13

Paul_M says...

While I share the view that 6 years imprisonment is inadequate - he'll be out in 3,, and driving again soon after - too many people get away with lighter punishments for killing people on the roads through recklessness, negligence, or drunkenness.

It is time our police and courts took this crime more seriously.
While I share the view that 6 years imprisonment is inadequate - he'll be out in 3,, and driving again soon after - too many people get away with lighter punishments for killing people on the roads through recklessness, negligence, or drunkenness. It is time our police and courts took this crime more seriously. Paul_M

4:48pm Wed 18 Dec 13

Goldenwight says...

Is that 3 year driving ban coming into effect immediately, or will it be imposed AFTER he is released from prison? Because if it is the former, I doubt very much that it will really bother him.

Then again, he drove DRUNK while already disqualified so I don't suppose he would be that bothered anyway.
Is that 3 year driving ban coming into effect immediately, or will it be imposed AFTER he is released from prison? Because if it is the former, I doubt very much that it will really bother him. Then again, he drove DRUNK while already disqualified so I don't suppose he would be that bothered anyway. Goldenwight

5:14pm Wed 18 Dec 13

HerbieGreen says...

The Prophet of Doom wrote:
A summary execution might be in order.
No - 'summary execution' involves being accused but not tried - this person has been tried, found guilty, and then the law failed to apply a suitable penalty according to all guidelines! What is summary about that?
[quote][p][bold]The Prophet of Doom[/bold] wrote: A summary execution might be in order.[/p][/quote]No - 'summary execution' involves being accused but not tried - this person has been tried, found guilty, and then the law failed to apply a suitable penalty according to all guidelines! What is summary about that? HerbieGreen

6:12pm Wed 18 Dec 13

The Prophet of Doom says...

HerbieGreen wrote:
The Prophet of Doom wrote:
A summary execution might be in order.
No - 'summary execution' involves being accused but not tried - this person has been tried, found guilty, and then the law failed to apply a suitable penalty according to all guidelines! What is summary about that?
You might want to check some definitions of that word.
[quote][p][bold]HerbieGreen[/bold] wrote: [quote][p][bold]The Prophet of Doom[/bold] wrote: A summary execution might be in order.[/p][/quote]No - 'summary execution' involves being accused but not tried - this person has been tried, found guilty, and then the law failed to apply a suitable penalty according to all guidelines! What is summary about that?[/p][/quote]You might want to check some definitions of that word. The Prophet of Doom

6:56pm Wed 18 Dec 13

dontjudgepeople says...

Indigatio wrote:
The sentence is too short. If 14 years is the maximum, that's what he should have got.
He should also have been banned from driving for life.
The Courts are so out of touch with public opinion.
What's the betting in 4 or 5 years time this guy is up before the Judge again for another motoring offence?
you cannot predict the future,this young man has more punishment then a 14 year stretch in prison could ever give,he has to live with what he did for the rest of his life
[quote][p][bold]Indigatio[/bold] wrote: The sentence is too short. If 14 years is the maximum, that's what he should have got. He should also have been banned from driving for life. The Courts are so out of touch with public opinion. What's the betting in 4 or 5 years time this guy is up before the Judge again for another motoring offence?[/p][/quote]you cannot predict the future,this young man has more punishment then a 14 year stretch in prison could ever give,he has to live with what he did for the rest of his life dontjudgepeople

7:59pm Wed 18 Dec 13

angrymonkey says...

low life scum should be shot he will he not care about others or the law will never work as lazy low life scum how he get away with being free after all that to kill someone and then only get 6 years this country really is sh*t at times to the good people left in it.
low life scum should be shot he will he not care about others or the law will never work as lazy low life scum how he get away with being free after all that to kill someone and then only get 6 years this country really is sh*t at times to the good people left in it. angrymonkey

11:30pm Wed 18 Dec 13

mtmoocher says...

Please contact your MP via e-mail to get this sentence reviewed.
Please contact your MP via e-mail to get this sentence reviewed. mtmoocher

7:50am Thu 19 Dec 13

kathie kirk says...

kopite_rob wrote:
14 years is the current maximum.
This chap who :
-was banned from driving.
-drove dangerously by crossing double white lines.
-drove under the influence of alchol.
-left the scene of an accident.
-killed.

doesn't even get half the maximum.
He'll be out before he's turned 30, with the rest of his life before him, whilst a 27 year old woman has lost her life.
How is this justice, and does it really send a strong message to others?
I just hope a really big inmate in prison decides he'll make a nice boyfriend.
it was not murder take this of
[quote][p][bold]kopite_rob[/bold] wrote: 14 years is the current maximum. This chap who : -was banned from driving. -drove dangerously by crossing double white lines. -drove under the influence of alchol. -left the scene of an accident. -killed. doesn't even get half the maximum. He'll be out before he's turned 30, with the rest of his life before him, whilst a 27 year old woman has lost her life. How is this justice, and does it really send a strong message to others? I just hope a really big inmate in prison decides he'll make a nice boyfriend.[/p][/quote]it was not murder take this of kathie kirk

7:51am Thu 19 Dec 13

recovermick says...

He should never be aloud back on our streets to get a licience
He should never be aloud back on our streets to get a licience recovermick

8:10am Thu 19 Dec 13

kathie kirk says...

you dont know the full and true facts of this case
he got a shorter sentence for an early guilty plea
also he is serving his time for the crime but will have to live with this for the rest of his life
the judge said this was a tragic accident
he did not go out with the intention of killing anyone and he was not drunk his breath test reading was 29 do not believe every thing you read as gospel
you dont know the full and true facts of this case he got a shorter sentence for an early guilty plea also he is serving his time for the crime but will have to live with this for the rest of his life the judge said this was a tragic accident he did not go out with the intention of killing anyone and he was not drunk his breath test reading was 29 do not believe every thing you read as gospel kathie kirk

8:13am Thu 19 Dec 13

kathie kirk says...

kathie kirk wrote:
kopite_rob wrote:
14 years is the current maximum.
This chap who :
-was banned from driving.
-drove dangerously by crossing double white lines.
-drove under the influence of alchol.
-left the scene of an accident.
-killed.

doesn't even get half the maximum.
He'll be out before he's turned 30, with the rest of his life before him, whilst a 27 year old woman has lost her life.
How is this justice, and does it really send a strong message to others?
I just hope a really big inmate in prison decides he'll make a nice boyfriend.
it was not murder take this of
disgusting comment
[quote][p][bold]kathie kirk[/bold] wrote: [quote][p][bold]kopite_rob[/bold] wrote: 14 years is the current maximum. This chap who : -was banned from driving. -drove dangerously by crossing double white lines. -drove under the influence of alchol. -left the scene of an accident. -killed. doesn't even get half the maximum. He'll be out before he's turned 30, with the rest of his life before him, whilst a 27 year old woman has lost her life. How is this justice, and does it really send a strong message to others? I just hope a really big inmate in prison decides he'll make a nice boyfriend.[/p][/quote]it was not murder take this of[/p][/quote]disgusting comment kathie kirk

9:28am Thu 19 Dec 13

ThinkBrighton says...

Six years, was the judge also drunk?
DON'T FORGET THE THREE YEAR BAN AND THE RETEST - He was drunk and banned so do you think he will give a hoot when he gets out after his holiday (which will be less than tree years). Somebody has got to take a close look at judges and their sentencing
it's becoming unreal.
Six years, was the judge also drunk? DON'T FORGET THE THREE YEAR BAN AND THE RETEST - He was drunk and banned so do you think he will give a hoot when he gets out after his holiday (which will be less than tree years). Somebody has got to take a close look at judges and their sentencing it's becoming unreal. ThinkBrighton

11:02am Thu 19 Dec 13

LB says...

kathie kirk - if you are related to the man above then I'd stop trying to defend him now.

"you dont know the full and true facts of this case"

for the woman who died the "full and true facts" are she would still be alive if this man hadn't decided that a driving ban didn't apply to him.

everything else stemmed from his disregard for the law.

the 'full and true' facts will have been presented in court unless you are suggesting that the accused or any other witnesses were lying?

He was wholly and solely responsible for someones death. That deserves more than 3 years in jail and a concurrent driving ban.
kathie kirk - if you are related to the man above then I'd stop trying to defend him now. "you dont know the full and true facts of this case" for the woman who died the "full and true facts" are she would still be alive if this man hadn't decided that a driving ban didn't apply to him. everything else stemmed from his disregard for the law. the 'full and true' facts will have been presented in court unless you are suggesting that the accused or any other witnesses were lying? He was wholly and solely responsible for someones death. That deserves more than 3 years in jail and a concurrent driving ban. LB

11:05am Thu 19 Dec 13

inkjet says...

How is this not murder???
Should lock him up for the maximum time.
He knew the dangers a) because he was aready banned and b) he was drunk - REGARDLESS OF THE READING, HE WAS STILL OVER THE LIMIT
The justice system in this country is a joke
How is this not murder??? Should lock him up for the maximum time. He knew the dangers a) because he was aready banned and b) he was drunk - REGARDLESS OF THE READING, HE WAS STILL OVER THE LIMIT The justice system in this country is a joke inkjet

1:50pm Thu 19 Dec 13

mtmoocher says...

KathiKirk wrote: "it was not murder...."

This chap was already disqualified from driving but displayed utter contempt for the Law. His capability of driving had been assessed as below the required standard yet he just ignored this sentence. He got behind the wheel of a car whilst under the influence of drink and/or other medication/substance & knowingly drove dangerously. In this case, his arrogant, "couldn't care less" attitude directly resulted in another innocent person losing their life. This was no accident, drivers have insurance for accidents. There is now a wide circle of family, friends & colleagues who will never get to speak to their loved & valued companion again. Meanwhile, Mr Kirk will most likely be celebrating Christmas 2016 in the general population as a free person.
You get upset & aggrieved that people feel that justice has not been served & call him a few names......!
KathiKirk wrote: "it was not murder...." This chap was already disqualified from driving but displayed utter contempt for the Law. His capability of driving had been assessed as below the required standard yet he just ignored this sentence. He got behind the wheel of a car whilst under the influence of drink and/or other medication/substance & knowingly drove dangerously. In this case, his arrogant, "couldn't care less" attitude directly resulted in another innocent person losing their life. This was no accident, drivers have insurance for accidents. There is now a wide circle of family, friends & colleagues who will never get to speak to their loved & valued companion again. Meanwhile, Mr Kirk will most likely be celebrating Christmas 2016 in the general population as a free person. You get upset & aggrieved that people feel that justice has not been served & call him a few names......! mtmoocher

3:12pm Thu 19 Dec 13

beano mcbean says...

This case makes me feel that we should develop further ties with our Eastern European partners. I understand that they have buildings suitable for incarceration. If we sub contracted the work of looking after prisoners to them this would be cheaper. The judge would then be able to give a longer sentence without the fear of draining the public purse. I am confident that we could rely on fellow Europeans respecting the prisoners rights.
This case makes me feel that we should develop further ties with our Eastern European partners. I understand that they have buildings suitable for incarceration. If we sub contracted the work of looking after prisoners to them this would be cheaper. The judge would then be able to give a longer sentence without the fear of draining the public purse. I am confident that we could rely on fellow Europeans respecting the prisoners rights. beano mcbean

3:20pm Thu 19 Dec 13

bikerjimbo says...

inkjet wrote:
How is this not murder???
Should lock him up for the maximum time.
He knew the dangers a) because he was aready banned and b) he was drunk - REGARDLESS OF THE READING, HE WAS STILL OVER THE LIMIT
The justice system in this country is a joke
The limit for prosecution is 40 so he was under the limit. BUT the fact he had been drinking will have affected his driving ability. He was disqualified and this is the point that hasn't been addressed [properly by the judge. The ban is active from the date of conviction so in effect will have no affect at all. In these circumstances 10 years would be much more appropriate if there had been a form of plea bargain because it does not look like there was a trial. No doubt any punishment will have little effect on him as for remorse and living with what he has done forget it it's far too late for that.
[quote][p][bold]inkjet[/bold] wrote: How is this not murder??? Should lock him up for the maximum time. He knew the dangers a) because he was aready banned and b) he was drunk - REGARDLESS OF THE READING, HE WAS STILL OVER THE LIMIT The justice system in this country is a joke[/p][/quote]The limit for prosecution is 40 so he was under the limit. BUT the fact he had been drinking will have affected his driving ability. He was disqualified and this is the point that hasn't been addressed [properly by the judge. The ban is active from the date of conviction so in effect will have no affect at all. In these circumstances 10 years would be much more appropriate if there had been a form of plea bargain because it does not look like there was a trial. No doubt any punishment will have little effect on him as for remorse and living with what he has done forget it it's far too late for that. bikerjimbo

3:41pm Thu 19 Dec 13

Technophobe says...

How come people who are banned are allowed to keep their car?

Compulsory forfeiture of all vehicles should be a condition of being banned from driving. Might not keep them off the road but it would certainly help.
How come people who are banned are allowed to keep their car? Compulsory forfeiture of all vehicles should be a condition of being banned from driving. Might not keep them off the road but it would certainly help. Technophobe

6:26pm Thu 19 Dec 13

Withdean-er says...

kopite_rob wrote:
14 years is the current maximum.
This chap who :
-was banned from driving.
-drove dangerously by crossing double white lines.
-drove under the influence of alchol.
-left the scene of an accident.
-killed.

doesn't even get half the maximum.
He'll be out before he's turned 30, with the rest of his life before him, whilst a 27 year old woman has lost her life.
How is this justice, and does it really send a strong message to others?
I just hope a really big inmate in prison decides he'll make a nice boyfriend.
Excellent post. This repeat criminal, and now a killer, ticked all the boxes to get the maximum sentence, but instead got given a fraction of that. Ludicrous. Hopefully the Attorney General will refer the sentence back to the Courts for review.
[quote][p][bold]kopite_rob[/bold] wrote: 14 years is the current maximum. This chap who : -was banned from driving. -drove dangerously by crossing double white lines. -drove under the influence of alchol. -left the scene of an accident. -killed. doesn't even get half the maximum. He'll be out before he's turned 30, with the rest of his life before him, whilst a 27 year old woman has lost her life. How is this justice, and does it really send a strong message to others? I just hope a really big inmate in prison decides he'll make a nice boyfriend.[/p][/quote]Excellent post. This repeat criminal, and now a killer, ticked all the boxes to get the maximum sentence, but instead got given a fraction of that. Ludicrous. Hopefully the Attorney General will refer the sentence back to the Courts for review. Withdean-er

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