Ped gets 3 years for manslaughter of cyclist hit by car…

Ped gets 3 years for manslaughter of cyclist hit by car…

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Discussion

Electro1980

8,379 posts

140 months

Thursday 9th May
quotequote all
Vanden Saab said:
None of them will accept it let alone apologise for the myriad of insults they aimed at anybody who dared to suggest that cyclists do not have the right to do whatever they like or that heaven forbid they take responsibility for their own actions.
You need to aim that at every driver who close passes, shouts at and abuses cyclists. If cyclists felt safe on the road they would use it more. Unfortunately abuse and aggression from drivers is a regular experience for every cyclist.

Electro1980

8,379 posts

140 months

Thursday 9th May
quotequote all
AmyRichardson said:
Murph7355 said:
Whilst I agree ref mini roundabouts, the quality of cyclists on the country lanes around North Essex has also nose dived. Consideration for other road users is a rare commodity.
Really?

I've been riding and driving for 25 years, much of it in W. Suffolk, and cyclists seem to be much as ever they were. More numerous, sure. More assertive (what, in a time and place, would have been referred to as "uppity") - almost certainly. But are they a rougher bunch, less concerned for those around them? Not that I can see.
What he means it “cyclists don’t instantly dive in to the hedge to let me past”… and then wonders why cyclists feel intimidated and defensive.

Derek Smith

45,806 posts

249 months

Thursday 9th May
quotequote all
I was under the impression that an assault does not require a battery. Therefore, whether she touched, pushed or slapped the cyclist is immaterial.

The evidence of the CCTV is but a part of that presented at the court, and, from what I read at the time, not the major part.

Rusty Old-Banger

4,017 posts

214 months

Thursday 9th May
quotequote all
Electro1980 said:
Vanden Saab said:
None of them will accept it let alone apologise for the myriad of insults they aimed at anybody who dared to suggest that cyclists do not have the right to do whatever they like or that heaven forbid they take responsibility for their own actions.
You need to aim that at every driver who close passes, shouts at and abuses cyclists. If cyclists felt safe on the road they would use it more. Unfortunately abuse and aggression from drivers is a regular experience for every cyclist.
I've never, ever had any abuse or aggression, and I ride 2 or 3 times a week, often with kids (school runs, in summer at least). But then I DO obey the HC, and I think I ride with a "motorist" attitude - being observant, looking behind often, recognise hazard points and slow/stop accordingly rather than just barging through because "right". The old trope of "being right is no good if you're dead" applies 100% of the time - and I ingrain that in to the kids at any opportunity. A wave of thanks to drivers works wonders too. (Mountain-style bike, no lycra, no clip-in shoes, if that matters.)

BikeBikeBIke

8,228 posts

116 months

Thursday 9th May
quotequote all
Derek Smith said:
I was under the impression that an assault does not require a battery. Therefore, whether she touched, pushed or slapped the cyclist is immaterial.
Yeah, I'm pretty sure they *could* have proved the base offence, but the prosecution and judge literally overlooked it and the jury didn't even consider if an assault had even taken place.

The Three D Mucketeer

5,916 posts

228 months

Thursday 9th May
quotequote all
I could make cycling very safe...

Just ban them from the roads.

sugerbear

4,083 posts

159 months

Thursday 9th May
quotequote all
The Three D Mucketeer said:
I could make cycling very safe...

Just ban cars from the roads.
EFA

J4CKO

41,709 posts

201 months

Thursday 9th May
quotequote all
The Three D Mucketeer said:
I could make cycling very safe...

Just ban them from the roads.
Sometimes its best to just keep quiet really.

Nobody is banning cyclists from the roads, nobody with any power, and thankfully reactionary middle aged blokes whose bottom lip starts wobbling when they see someone on a bicycle dont have any power.

And anyway, if by some miracle bikes were banned, where would all those folk go ? in cars, more buses ?

You would just find the next thing to impotently moan about.

Do those that moan ever ride a bike ? When did you last try, its good for your mental and physical health, you should try it.

heebeegeetee

28,893 posts

249 months

Thursday 9th May
quotequote all
Vanden Saab said:
She did not touch her, therefore no case to answer. It is very clear if you have read the judges decision. As the judges say waving your arms is not a criminal offence or everybody who goes to a football match would be charged with assault.
Having just read the quote in Type R's post, I am surprised at the judge's comments.

However in your world, if someone swings a punch at someone, who successfully dodges the punch but then falls over and suffers some unfortunate consequence, there is no case to answer? Amazing.

S600BSB

4,854 posts

107 months

Thursday 9th May
quotequote all
The whole case is tragic and very sad.

Mojooo

12,783 posts

181 months

Thursday 9th May
quotequote all
To be clear - the Judges said that if no contact was made then it was not likely a prosecution would have been taken.

The prosecution were not allowed a retrial- so we will never actually know if they could have proven an assault took place.

I think there is a difference between waving your hands at a footy match and potentially moving your hand sin a way that scares/distracts someone off a bike at the side of the road. The latter certainly sounds like it should be criminal in certain circumstances.

heebeegeetee

28,893 posts

249 months

Thursday 9th May
quotequote all
The Three D Mucketeer said:
I could make cycling very safe...

Just ban them from the roads.
Yep, in a country that already restricts freedom and choice of travel very much, let's restrict it further. smile


J4CKO

41,709 posts

201 months

Thursday 9th May
quotequote all
heebeegeetee said:
The Three D Mucketeer said:
I could make cycling very safe...

Just ban them from the roads.
Yep, in a country that already restricts freedom and choice of travel very much, let's restrict it further. smile
Just been out on my errand bike at lunchtime, had four errands to run round the town (all for the wife) all done in thirty minutes, no parking spaces used in busy car parks, didnt get in the way seeing as the traffic was stood still in the main, did three miles, burnt 171 calories apparently. But no, you have to take a ton and a bit of motor car apparently ? Even when you dont need more than one seat or the carrying capacity beyond a pannier or two.

Doesn't add up to me, should be encouraging bicycle use, it wasnt me in the way in the town centre, it was queues of cars, would have taken longer in the car, involved finding a parking space, paying for parking, walking in between, queuing up, the moaners should really give it a go.


Rich Boy Spanner

1,349 posts

131 months

Thursday 9th May
quotequote all
The Three D Mucketeer said:
I could make cycling very safe...

Just ban them from the roads.
It's like the Daily Mail in here, but even less intelligent.

Zigster

1,658 posts

145 months

Thursday 9th May
quotequote all
BikeBikeBIke said:
Derek Smith said:
I was under the impression that an assault does not require a battery. Therefore, whether she touched, pushed or slapped the cyclist is immaterial.
Yeah, I'm pretty sure they *could* have proved the base offence, but the prosecution and judge literally overlooked it and the jury didn't even consider if an assault had even taken place.
That’s my understanding of the issue, noting that I’m not a lawyer and it appears to be a technical legal point.

The issue of assault was taken as read - I.e. the jury was told to assume that an assault had happened and were asked to conclude on the outcome of that assault.

What should have happened is that that jury should firstly have been asked to conclude whether or not there had been an assault, before moving on to the outcome of that assault. And there was clear evidence (including video evidence) that an assault had happened.

trails

3,807 posts

150 months

Thursday 9th May
quotequote all
J4CKO said:
Just been out on my errand bike at lunchtime, had four errands to run round the town (all for the wife) all done in thirty minutes, no parking spaces used in busy car parks, didnt get in the way seeing as the traffic was stood still in the main, did three miles, burnt 171 calories apparently. But no, you have to take a ton and a bit of motor car apparently ? Even when you dont need more than one seat or the carrying capacity beyond a pannier or two.

Doesn't add up to me, should be encouraging bicycle use, it wasnt me in the way in the town centre, it was queues of cars, would have taken longer in the car, involved finding a parking space, paying for parking, walking in between, queuing up, the moaners should really give it a go.
Keep your pragmatism and common sense to yourself, its not welcome on PH biggrin

Electro1980

8,379 posts

140 months

Thursday 9th May
quotequote all
J4CKO said:
heebeegeetee said:
The Three D Mucketeer said:
I could make cycling very safe...

Just ban them from the roads.
Yep, in a country that already restricts freedom and choice of travel very much, let's restrict it further. smile
Just been out on my errand bike at lunchtime, had four errands to run round the town (all for the wife) all done in thirty minutes, no parking spaces used in busy car parks, didnt get in the way seeing as the traffic was stood still in the main, did three miles, burnt 171 calories apparently. But no, you have to take a ton and a bit of motor car apparently ? Even when you dont need more than one seat or the carrying capacity beyond a pannier or two.

Doesn't add up to me, should be encouraging bicycle use, it wasnt me in the way in the town centre, it was queues of cars, would have taken longer in the car, involved finding a parking space, paying for parking, walking in between, queuing up, the moaners should really give it a go.
But I’m a one legged, partially sighted plumber who works on building sites around the country and does 100k miles a year! Cycling doesn’t work for me and I was forced to wait 30 seconds behind a cyclist two weeks ago which made me late for an appointment because I didn’t have time to get through the rush hour congestion!

Brought to you by people who call equality “pandering to snowflakes”.

The Three D Mucketeer

5,916 posts

228 months

Thursday 9th May
quotequote all
J4CKO said:
heebeegeetee said:
The Three D Mucketeer said:
I could make cycling very safe...

Just ban them from the roads.
Yep, in a country that already restricts freedom and choice of travel very much, let's restrict it further. smile
Just been out on my errand bike at lunchtime, had four errands to run round the town (all for the wife) all done in thirty minutes, no parking spaces used in busy car parks, didnt get in the way seeing as the traffic was stood still in the main, did three miles, burnt 171 calories apparently. But no, you have to take a ton and a bit of motor car apparently ? Even when you dont need more than one seat or the carrying capacity beyond a pannier or two.

Doesn't add up to me, should be encouraging bicycle use, it wasnt me in the way in the town centre, it was queues of cars, would have taken longer in the car, involved finding a parking space, paying for parking, walking in between, queuing up, the moaners should really give it a go.
There speaks a previous Nissan 350Z and Porsche 944 owner , I guess before he was married hehe

ChocolateFrog

25,715 posts

174 months

Thursday 9th May
quotequote all
Rusty Old-Banger said:
I've never, ever had any abuse or aggression, and I ride 2 or 3 times a week, often with kids (school runs, in summer at least). But then I DO obey the HC, and I think I ride with a "motorist" attitude - being observant, looking behind often, recognise hazard points and slow/stop accordingly rather than just barging through because "right". The old trope of "being right is no good if you're dead" applies 100% of the time - and I ingrain that in to the kids at any opportunity. A wave of thanks to drivers works wonders too. (Mountain-style bike, no lycra, no clip-in shoes, if that matters.)
That does surprise me.

I've had stuff thrown at me, punishment passes (one at easily 150mph+ in a E63 at less than 18in), loads off cat calls and general insults and 1 person who tried to steal my bike while I was riding it.

Most of that was on country roads, in general I find town riding better, probably because all but the biggest throbbers do actually care what other people think of their actions.

I'd also say that probably one car every half hour or so passes too close in general.

I ride minding my own business and in the hope I'll actually make it home to see the kids. I think it's getting worse too.

The Three D Mucketeer

5,916 posts

228 months

Thursday 9th May
quotequote all
I had a cyclist spit on my face through my window !
For balance

To drive a car on the road you need to pass a test , have insurance and pay VED . After a certain age you need to sign you are physically able to drive and at 90 years old I think you need a Doctors certificate .
What do you need to be lawful riding a cycle ? and now with battery assist you don't even need to pedal frown .

Edited by The Three D Mucketeer on Thursday 9th May 15:22