The driver of the BMW which struck cyclist Steven Preston in Fourways, Johannesburg, deserves custodial sentencing, not the correctional supervision he is requesting.
This was submitted by the state on Friday during sentencing proceedings for Ishe Davani, 43, at the Randburg magistrate’s court.
In June 2020, Davani lost control of his car, crashing into Preston. The cyclist was trapped under the car and dragged about 30m down a road, succumbing to his injuries 40 minutes after impact.
Prosecutor Yusuf Baba argued in court that the nature of the accident was so horrific that it demands a custodial sentence.
“Sending him to direct imprisonment is the appropriate sentencing. Correctional supervision will be lenient,” Baba told the court.
Davani was convicted after pleading guilty to the charges of culpable homicide and driving under the influence of alcohol.
Baba said he was reckless and grossly negligent after he had started to drink in the morning before getting into the vehicle inebriated at lunchtime.
His guilty plea was not a mitigating factor, as it came after irrefutable video footage was obtained from the scene, said the prosecutor.
“Did he have a choice? The answer is no, he had no choice because there was independent evidence from footage.”
Davani, a father of two minor children, must return to court on December 9 for sentencing.
Speaking outside court, Preston’s wife Bernice said the family had hoped the case would be concluded on Friday.
She said: “I do understand that it is a big decision to make for the magistrate. I do respect the call. We have to stay strong until then.”
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Lockdown drunk driver must wait a week to hear his fate for cyclist’s death
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The driver of the BMW which struck cyclist Steven Preston in Fourways, Johannesburg, deserves custodial sentencing, not the correctional supervision he is requesting.
This was submitted by the state on Friday during sentencing proceedings for Ishe Davani, 43, at the Randburg magistrate’s court.
In June 2020, Davani lost control of his car, crashing into Preston. The cyclist was trapped under the car and dragged about 30m down a road, succumbing to his injuries 40 minutes after impact.
Prosecutor Yusuf Baba argued in court that the nature of the accident was so horrific that it demands a custodial sentence.
“Sending him to direct imprisonment is the appropriate sentencing. Correctional supervision will be lenient,” Baba told the court.
Davani was convicted after pleading guilty to the charges of culpable homicide and driving under the influence of alcohol.
Baba said he was reckless and grossly negligent after he had started to drink in the morning before getting into the vehicle inebriated at lunchtime.
His guilty plea was not a mitigating factor, as it came after irrefutable video footage was obtained from the scene, said the prosecutor.
“Did he have a choice? The answer is no, he had no choice because there was independent evidence from footage.”
Davani, a father of two minor children, must return to court on December 9 for sentencing.
Speaking outside court, Preston’s wife Bernice said the family had hoped the case would be concluded on Friday.
She said: “I do understand that it is a big decision to make for the magistrate. I do respect the call. We have to stay strong until then.”
TimesLIVE
Support independent journalism by subscribing to the Sunday Times. Just R20 for the first month.
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