Cyclist fined £850

[carinaman]

Another woefully inadequate punishment.

[Gwagon111]

I cycle a fair bit nowadays. Cyclists that take the piss at red lights make my piss boil. I think the cyclist in this case should have been looking at doing bird.

[anonymous-user]

O hell! I know the victim of this reckless and anti social action. He is a fine man. The charging and sentencing are unduly soft, and I would have said that regardless of knowing the person mowed down by the selfish cyclist. It would not lessen the crime if the victim was a useless scumbag, but in this instance the victim was far from that.

[anonymous-user]

hora said:

Ive had so many halfwit pedestrians step out on me. Thankfully I ride 100% sceptical.

....

What has that to do with this thread? This cyclist barrelled through a red light and mowed down someone doing nothing wrong, and then the cyclist lied about it in court.

As he has a job and, presumably, a house, he is at least probably worth suing, so he faces losing his home and going bankrupt because of his selfish conduct, whilst two children now have only half of their father.

[Cooperman]

Gwagon111 said:

I cycle a fair bit nowadays. Cyclists that take the piss at red lights make my piss boil. I think the cyclist in this case should have been looking at doing bird.

The magistrate clearly said that the maximum penalty was a fine, so how could he be imprisoned for being guilty as charged? If the charge was wrong, what would be the charge that could have seen him in the nick? Surely not GBH With Intent?

[anonymous-user]

Recklessness as to consequences can provide the requisite intent for an offence against the person, but GBH would have perhaps been a tough charge to make stick. The sentencing range for the offence charged in this case needs amending, I think, as this sort of cycling is sadly nor a rarity in cities. I am not anti cyclist, but some cyclists, like some motorists, behave very badly.

[Tonto]

Viperz888 said:

sugerbear said:

No custodial sentence. I think in this case one was certainly deserved.

Absolutely shocking ruling.

There's every chance that this guy is going to get hit with a civil suite, which could cost him big style.

[streaky]

In 2007 cyclist John/Jason [reports vary] Howard knocked down and killed a 17-year-old pedestrian. He was charged with dangerous cycling and fined £2,200. The maximum penalty for dangerous cycling is a fine of £2,500, and for careless cycling it is £1,000. That for cycling on the pavement is £500. In March 2011, Andrea Leadsom, Conservative MP for South Northamptonshire (and a "keen cyclist"), introduced a Private Members Bill that would have created offences of causing death or serious injury through dangerous or reckless cycling, but it failed to get a Second Reading.

Nevertheless, and as Leadsom pointed out in the House, Howard, and now Schipka, could have been prosecuted under OAPA and have faced a potential two year stretch.

Offences Against the Person Act 1861 said:

35 Drivers of carriages injuring persons by furious driving.

Whosoever, having the charge of any carriage or vehicle, shall by wanton or furious driving or racing, or other wilful misconduct, or by wilful neglect, do or cause to be done any bodily harm to any person whatsoever, shall be guilty of a misdemeanor, and being convicted thereof shall be liable, at the discretion of the court, to be imprisoned for any term not exceeding two years.

Given that between 2005 and 2009, 10 pedestrians were killed by cyclists and 262 seriously injured, I wonder whether any were charged with this and whether any were sentenced to jail. Research by Leadsom suggested not.

Streaky

[sugerbear]

streaky said:

Offences Against the Person Act 1861 said:

35 Drivers of carriages injuring persons by furious driving.
Whosoever, having the charge of any carriage or vehicle, shall by wanton or furious driving or racing, or other wilful misconduct, or by wilful neglect, do or cause to be done any bodily harm to any person whatsoever, shall be guilty of a misdemeanor, and being convicted thereof shall be liable, at the discretion of the court, to be imprisoned for any term not exceeding two years.

Given that between 2005 and 2009, 10 pedestrians were killed by cyclists and 262 seriously injured, I wonder whether any were charged with this and whether any were sentenced to jail. Research by Leadsom suggested not.

Streaky

In the above does "driver" and "Carriage/Vehicle" only cover car/van/bus/lorry etc ? So does it include cyclists ?

[anonymous-user]

Taylor v Goodwin (1879) - a bicycle is a carriage for the purposes of the OAPA 1861.

[Johnnytheboy]

hora said:

Lets not fall into the generalisation or stereotype trap please.

I agree with Hora.

There's bad drivers/cyclists/peds/road roller operators etc.

Treat them all the same in law.

[Crosswise]

I do not think it is fair that cyclists can get away with things like this so lightly. It gives them no reason to take responsibility for their actions and it is clear that many of them behave as if they are not obliged to follow any of the Highway Code. Had it been a car driver in this case, the punishment would have been much more severe.

I had an incident 8 years ago, only a few months after I had passed my driving test where I was driving through a green light on a cross roads, a cyclist went straight through a red light coming from my left. It was not possible to see them until they were only a few feet from my bumper, I panicked and stood on the brake pedal locking up all 4 wheels causing the car to slide sideways. The cyclist passed inches from my bumper without acknowledging my presence, speeding up or even looking in my direction. I was amazed by his apparent arrogance and his complete lack of consideration. I am still filled with fear when I picture that scene, I will never forget it. It is not fair that some cyclists behave in this manner as it has far more consequence than they might ever consider.

[Aretnap]

streaky said:

Given that between 2005 and 2009, 10 pedestrians were killed by cyclists and 262 seriously injured, I wonder whether any were charged with this and whether any were sentenced to jail. Research by Leadsom suggested not.

This fellow was convicted, though he got a suspended sentence.

http://news.bbc.co.uk/1/hi/england/cornwall/709838...

[Einion Yrth]

Aretnap said:

This fellow was convicted, though he got a suspended sentence.

http://news.bbc.co.uk/1/hi/england/cornwall/709838...

Hemp or jute?

[anonymous-user]

veryRS said:

Pathetic. A motor vehicle driver would have (rightly) got a couple of years in the nick, a ban and a large fine. When will cyclists realise they too have a responsibility towards other road users? Really flaps my chaps the amount of cyclists around here who seem to think the rules of the road simply dont apply to them. A cycle is a mechanically propelled vehicle so where is the difference?

I agree with the first part in full but to then criticise 'cyclists' because of an offence commited by a 'cyclist' is a little short sighted.

Also, I'm pretty sure a push bike is not a mechanically propelled vehicle. It's a human propelled one.

[BorkFactor]

For causing permanent brain damage, the bd got away with an £850 fine?!

He should be imprisoned for that - I bet if a car had hit him the driver would be locked up.

Brain damage is a terrible thing, not only for the victim, but for their family and friends as well. Absolutely tragic

[rumple]

What a friggin shame, some of these cyclist's around london come across as real cretins, im suprised the cyclist stayed at the scene, i have that much of a low of them, and i ride a bike myself

[Aretnap]

streaky said:

Given that between 2005 and 2009, 10 pedestrians were killed by cyclists and 262 seriously injured, I wonder whether any were charged with this and whether any were sentenced to jail. Research by Leadsom suggested not.

This guy too - and he did actually go to jail.

http://news.bbc.co.uk/1/hi/england/dorset/8197430....

Maybe Leadsom's research tools didn't stretch as far as Google.

Added: And here's a third - again with an immediate custodial sentence.

http://www.dailymail.co.uk/news/article-1038701/Cy...

Edited by Aretnap on Saturday 7th July 14:35

[vonhosen]

daz3210 said:

What is the speed limit of the road? If it's 30, how can 26 be an unsafe speed?

[poo at Paul's]

In 1983, I was crossing a road on zebra crossing in Oxford, bus stopped for me, checked no cars from other direction, went to step off the pavement, left foot first extended and bang....some yanky fkface bombing up the inside of the bus, hit my left ankle and just shattered the tin and fib, compound fracture, bones sticking out, hurt like fk.
I was 13, did not walk properly until 16, running again near 4 years later, (no rehab worth a st in them days).
Cops interviewed me and him, as he was American, he claimed he got 'confused ' and as he had no uk driving licence to endorse, cops did fk all. My dad got a lawyer to see if we could get something toward the serious medical costs and ins excesses but he could not be traced as he was bumming about staying with mates all the time.

The 's name is in the 'tin of death' and one day, I'll track the wker down and take a few teeth out with mole grips.

So bikes behaving like fktards in towns is not new, but since they get away with it all the time, is it any wonder.