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

Derek Smith

45,837 posts

249 months

Wednesday 27th March
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okgo said:
Take a look at Vanden Saab’ posting and the threads he’s in.
That's a real bad idea. It should come with a health warning.

The incident would not have happened if the woman had set out an hour later. Obviously her fault.

It happened. The question is one of fault. The court appears to have an answer that stand up.

I disagree with imprisonment for such a crime. There are other forms of punishment that would be better for society in these circumstances, although that's not the argument here.


Steve vRS

4,868 posts

242 months

Wednesday 27th March
quotequote all
Derek Smith said:
I disagree with imprisonment for such a crime. There are other forms of punishment that would be better for society in these circumstances, although that's not the argument here.
For such a crime? Manslaughter? Apologies if I’ve misunderstood your statement.

Seasonal Hero

7,954 posts

53 months

Wednesday 27th March
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Type R Tom said:
Vanden Saab is, at best, a troll and, at worst, a liability to vulnerable road users who should not be allowed to share the road with them while using a motor vehicle.

This was not some MAMIL on a 5k carbon road bike; it was a 77-year-old woman off to the shops. This nutter pushed her into the path of a car and fked off while she lay dying in the road, a point Vanden keeps glossing over.

To be fair, with the attitude displaced, the perpetrator and Vanden seem to be cut from the same cloth, so their sense of entitlement doesn't surprise me.
Yep. All of that.

Derek Smith

45,837 posts

249 months

Wednesday 27th March
quotequote all
Steve vRS said:
Derek Smith said:
I disagree with imprisonment for such a crime. There are other forms of punishment that would be better for society in these circumstances, although that's not the argument here.
For such a crime? Manslaughter? Apologies if I’ve misunderstood your statement.
It's an argument for a different thread. But there's plenty online about better ways to punish offenders, cut recidivism and all of them are significantly cheaper.

J4CKO

41,756 posts

201 months

Wednesday 27th March
quotequote all
Type R Tom said:
Vanden Saab is, at best, a troll and, at worst, a liability to vulnerable road users who should not be allowed to share the road with them while using a motor vehicle.

This was not some MAMIL on a 5k carbon road bike; it was a 77-year-old woman off to the shops. This nutter pushed her into the path of a car and fked off while she lay dying in the road, a point Vanden keeps glossing over.

To be fair, with the attitude displaced, the perpetrator and Vanden seem to be cut from the same cloth, so their sense of entitlement doesn't surprise me.
I dont think the age and type of bike makes a huge difference, its down to the speed, weight and proximity of passing someone, its perfectly possible even as a 220 pound MAMIL on a nice Carbon bike to pass pedestrians on a shared use path without causing any agro.

Its a case of going slowly, no faster than walking pace, giving space and making sure people are aware of your presence, most pedestrians are fine and accommodating but you do get some deliberately awkward and gormless ones, usually with kids, dogs and headphones in. But the responsibility is on me if passing them from behind, and if from the front its both really but the onus is on me as I am on a bike, can go quickly and am fairly heavy, I really dont ever want to hurt anyone. I also make a point of saying good morning or similar, or just smiling.

I do think sometimes that the ones that come over like a Premiership footballer that has had another player come within 15 feet and is now clutching their leg, whether in a car they give cyclists space like they expect on foot ?

Some do get very aerated if you are on a bike because "rules", even if you are going at walking pace, so I make a point of walking my bike to avoid any such criticism, and it annoys the st out of me when someone goes charging through a pedestrianised area, weaving in and out as their skills dont usually match their hurry, teenage lads are the worst for this, cant say I have ever seen MAMILS charging through a town centre. Like F1 cars have a Pit Lane Limiter, we need to have a mental version of that, you dont want to hit anyone as you will look a right tt.

I think us cyclists should be on a charm offensive when out and about and it always dissapoints me when I see other cyclists doing stuff that is cited as why we are such a negative thing, running red lights, charging down the pavement, no lights at night, ignoring a queue of cars behind etc.

In this case, just think it was a woman with mental and physical health issues, possibly in pain, in a bad mood who lashed out at someone who was weaker, I really dont think if it had been a 6ft MAMIL Lump she would have gone down that route, but as it was a small, elderly woman she felt emboldened to do it.

We need to think, am I angry or objecting because someone has endangered me, or because I am am unhappy, entitled or punishing this person for previous issues with another person who was similar, i.e. on a bike, am I full of Daily Mail type rage ?

All she needed to do was to say "Please get onto the road", but she pushed her, or at least made like she was going to and the lady avoided it and fell under car. actions have consequences, just try and be nice, dont add to the boiling pot of ire out there.


otolith

56,523 posts

205 months

Wednesday 27th March
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Derek Smith said:
It's an argument for a different thread. But there's plenty online about better ways to punish offenders, cut recidivism and all of them are significantly cheaper.
Is the prevention of recidivism a reason for the sentencing in this case? I'm not sure that the concern is that she might do it again if not punished. I'm not sure that manslaughter should generally be a candidate for sanctions like ankle tags or curfews.

BikeBikeBIke

8,287 posts

116 months

Wednesday 27th March
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J4CKO said:
or at least made like she was going to
She admitted there was contact with her hand and the woman.

Clearly the jury thought it was a push, I certainly do.

andymadmak

14,663 posts

271 months

Wednesday 27th March
quotequote all
I haven't seen all the stuff in the media or read any of the reports. I haven't even read this whole thread! But if the courts decide to change the verdict on appeal then I'd hope that some of the more vociferous posters would accept that change, and if the appeal fails then I'd hope that those supporting the Pedestrian would also accept that.

I will say though that I don't know if the video posted earlier in the thread represents the entirety of the video evidence produced in court. I'd hope there was more, because what is in the little clip is ambiguous. If that's all there was, then there had to be something more that the court heard that, taken with the clip, convinced them of the guilt of the pedestrian. I'm not sure that "carrying on to the shops" is enough of a smoking gun either.

It's clear that the lady on the bike was not travelling quickly or aggressively. It's also clear that the pedestrian is in the middle of the pavement and is not particularly steady on her feet. I don't see a push, but I do see a raised hand so I suppose the judgement made by the court was that contact from the hand was likely sufficient to knock the cyclist off her bike, or certainly deflect her enough that she subsequently fell off the kerb and into the traffic.

I watched the video several times and I don't see a shift in the pedestrians feet or body that suggests that she exerted any kind of force to 'push'.
I'm also not seeing the Pedestrian move into the path of the cyclist - she just keeps on her way down the centre of the pavement. That may have been selfish, but it doesn't suggest any premeditation that she moved to push the lady off the bike. I'm a little uncomfortable that the lady in the bike continued to ride, despite the gap between the pedestrian and the edge of the pavement being inadequate imho for a comfortable pass. Yes, she's not going fast, and yes the pedestrian should have been more considerate with the available space (taken a step to the right perhaps) but faced with a narrow gap and a pedestrian shouting at you from the middle of the pavement why not just stop and wait for her to pass?
The pedestrian yelled abuse and waved her arm 3 or 4 times and it is that, coupled with whatever little contact there was, that seems to have been what caused the lady on the bike to lose control. I don't think it was deliberate but a life was lost and that needs to be accounted for.
Is it manslaughter? It is if the courts say so, and up till now that is/was the verdict, but unless there was a lot more evidence that I am unaware of (I'm happy to be educated on this) I'd say the pedestrian might win her appeal.

J4CKO

41,756 posts

201 months

Wednesday 27th March
quotequote all
BikeBikeBIke said:
J4CKO said:
or at least made like she was going to
She admitted there was contact with her hand and the woman.

Clearly the jury thought it was a push, I certainly do.
Yes, I do, but remembered there was a little bit of debate about it.

BikeBikeBIke

8,287 posts

116 months

Wednesday 27th March
quotequote all
andymadmak said:
I haven't seen all the stuff in the media or read any of the reports. I haven't even read this whole thread! But if the courts decide to change the verdict on appeal then I'd hope that some of the more vociferous posters would accept that change, and if the appeal fails then I'd hope that those supporting the Pedestrian would also accept that.
I suspect the appeal would be something purely technical, not something related to the circumstances of the incident.

ScotHill

3,225 posts

110 months

Wednesday 27th March
quotequote all
andymadmak said:
I watched the video several times and I don't see a shift in the pedestrians feet or body that suggests that she exerted any kind of force to 'push'.
You don't need to forcibly push someone off a bike, just knock the handlebars/arm, physics does the rest. In any case, there was a very definite breaking of step towards where the cyclist was.

Edited by ScotHill on Wednesday 27th March 13:24

andymadmak

14,663 posts

271 months

Wednesday 8th May
quotequote all
Overturned on appeal.
https://www.bbc.co.uk/news/uk-england-cambridgeshi...


Apparently there was no base offence identified at the original trial which would have supported the manslaughter charge. Bench was unanimous in overturning the verdict


Edited by andymadmak on Wednesday 8th May 15:10

andymadmak

14,663 posts

271 months

Wednesday 8th May
quotequote all
BikeBikeBIke said:
andymadmak said:
I haven't seen all the stuff in the media or read any of the reports. I haven't even read this whole thread! But if the courts decide to change the verdict on appeal then I'd hope that some of the more vociferous posters would accept that change, and if the appeal fails then I'd hope that those supporting the Pedestrian would also accept that.
I suspect the appeal would be something purely technical, not something related to the circumstances of the incident.
Rather more than purely technical… there was no base offence in the first place.

Mojooo

12,799 posts

181 months

Wednesday 8th May
quotequote all
https://caselaw.nationalarchives.gov.uk/ewca/crim/...

Bit if a clanger by the CPS.

So what they are saying is that if I am walking down the road and a cyclist is coming the other way - if I put my hands out like I am going to push them off but there is a gap between us/I never make contact - and the cyclist panics and falls off - that is not common assault. And possibly not any other crime?

BikeBikeBIke

8,287 posts

116 months

Wednesday 8th May
quotequote all
Mojooo said:
https://caselaw.nationalarchives.gov.uk/ewca/crim/...

Bit if a clanger by the CPS.

So what they are saying is that if I am walking down the road and a cyclist is coming the other way - if I put my hands out like I am going to push them off but there is a gap between us/I never make contact - and the cyclist panics and falls off - that is not common assault. And possibly not any other crime?
Sounds like she didn't admit to the contact after all. I'm sure there was a video or quote where she did, I guess not:

"there was no evidence which could make the jury sure that the appellant had made any physical contact with Mrs Ward. "

MrBogSmith

2,180 posts

35 months

Wednesday 8th May
quotequote all
No physical contact is needed.

'Assault' and 'battery' are different.

An assault doesn't require force to us used. It's making someone fear force will be used on them. A battery does.

In reality it's not something ever charged without force being used.

So is the appellate court saying that they can't conceive of the assault being charge (without the death) because of how minor it was, or are they saying they can't conceive of it being charged due to the conduct not amounting to an assault?



J4CKO

41,756 posts

201 months

Wednesday 8th May
quotequote all
I do wonder whether the bicycle was the key bit, had it been someone jogging, would she have pushed them if they were a bit close ? Someone walking ?

I think its part of that anti cyclist thing thats frothing away, it wasnt like it was some 15 stone teen thundering past on a Sur-Ron, it was what, 8 stone of pensioner on a small bike, going slowly, she was in no danger. I dont relish people cycling towards me on the pavement but what I do it make a little room, same for joggers, dog walkers, mobility scooters, horse riders etc and we all tend to muddle along. I may say something if I believe someone was being inconsiderate but pushing them into the road ?

As an occasional cyclist I would probably not ride there myself, I am too big, too heavy and can mix it on the road quite happily, but an older lady, likely just using it to cut out a dangerous section of road, dont see the issue, think she is just an unhappy woman lashing out and it went way further than she intended, thought it was always a possibility.

Type R Tom

3,916 posts

150 months

Wednesday 8th May
quotequote all
J4CKO said:
I do wonder whether the bicycle was the key bit, had it been someone jogging, would she have pushed them if they were a bit close ? Someone walking ?

I think its part of that anti cyclist thing thats frothing away, it wasnt like it was some 15 stone teen thundering past on a Sur-Ron, it was what, 8 stone of pensioner on a small bike, going slowly, she was in no danger. I dont relish people cycling towards me on the pavement but what I do it make a little room, same for joggers, dog walkers, mobility scooters, horse riders etc and we all tend to muddle along. I may say something if I believe someone was being inconsiderate but pushing them into the road ?

As an occasional cyclist I would probably not ride there myself, I am too big, too heavy and can mix it on the road quite happily, but an older lady, likely just using it to cut out a dangerous section of road, dont see the issue, think she is just an unhappy woman lashing out and it went way further than she intended, thought it was always a possibility.
4.7mph apparently, less than a fast walking pace. I think there are a lot of anti-cycling elements to it. Would definitely put off similar older people who can no longer drive from using a bike

BikeBikeBIke

8,287 posts

116 months

Wednesday 8th May
quotequote all
MrBogSmith said:
No physical contact is needed.

'Assault' and 'battery' are different.

An assault doesn't require force to us used.
You're right.

https://www.findlaw.com/injury/torts-and-personal-...

This makes no sense.

Mojooo

12,799 posts

181 months

Wednesday 8th May
quotequote all
The appellant’s actions that day contributed to Mrs Ward’s untimely death. It seems to us that this formed the starting point for the prosecution. Had Mrs Ward not died, we regard it as inconceivable that the appellant would ever have been charged with assault in circumstances where it could not be established that she had made any physical contact with the cyclist.

A bold statement