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Driver jailed for fatal punch in motorway road rage row
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20 April 2009
Graham Cahill, punched 25-year-old Toby Cooke in the face once on the hard shoulder of the M1 in
Bedfordshire in May last year.
He was sentenced at Luton crown court today after previously admitting manslaughter and was also disqualified from driving for 18 months.
Cahill, 44, of Harrow, pulled over onto the hard shoulder of the northbound carriageway of the motorway near junction 10 on 22 May to confront
Mr Cooke about his driving. He felled his victim with one punch.
Mr Cooke, a forklift truck driver from Luton, died in hospital four days later from injuries caused by his head striking the ground.
Network manager Cahill kept his head bowed during sentencing today in front of a public gallery packed with Mr Cooke's family.
Sentencing Cahill, Judge John Bevan QC said: "Cases such as these of one-punch manslaughter or death by dangerous driving can on occasions present the sentencer with the most difficult problems of any in the spectrum."
He said a letter from Cahill, expressing his remorse over the tragedy, presented a "refreshing absence of the usual request for leniency".
Cahill was on his way to work in Wellingborough, Northamptonshire, at about 6.45 that morning when
Mr Cooke drove up behind him, gesturing him to move over. Defence counsel Maria Karaiskos said there was nowhere safe for Cahill to pull in so he stayed where he was, but Mr Cooke undertook him and swerved sharply in front of him.
The pair stopped and Mr Cooke called police but a scuffle ensued, Miss Karaiskos said. The court heard that Cahill punched Mr Cooke once, breaking his nose. He fell to the ground and Cahill helped to pull him out of the motorway, shouting for drivers to come to his aid.
The court heard that Mr Cooke had previously been involved in a similar incident — gesturing for someone to move over before undertaking them — which was reported to police.
Judge Bevan said: "The victim was given, on occasion, to aggressive, risk-taking and provocative driving and did so indulge in that on this occasion. However, these events did occur some moments after the road rage incident was over. The defendant simply and wholly uncharacteristically lashed out."
Cahill told people afterwards: "I hit him and he went down and hit his head."
Miss Karaiskos said Cahill, who lives with his long-term partner and her two teenage sons in Harrow, suffered from post-traumatic stress disorder. She said he regretted pulling over.
"That punch was not anything planned by this defendant. There was no thought process whatsoever. It was a split-second decision," she said.
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