What will his sente...
 

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[Closed] What will his sentence be?

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http://metro.co.uk/2017/12/20/driver-deliberately-swerved-cyclist-revenge-hand-gesture-7173972/#mv-a

Nowhere near what it should be, obviously. I bet he doesn't even lose his licence.


 
Posted : 20/12/2017 4:00 pm
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£100 and 3 points


 
Posted : 20/12/2017 4:02 pm
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Attempted murder using a car as a weapon? A slap on the wrist and we'll see a resurgence of anti-cyclist articles in the populist press.

(Mrs MR suggests 'a meal at the Hilton?')

£100 and 3 pints?


 
Posted : 20/12/2017 4:02 pm
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I expect he'll get a fitting sentence for the charges TBH. So blatant and with that sickening footage.

Whether the available charges fitted what could easily have ended in the victim's death though...


 
Posted : 20/12/2017 4:08 pm
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8 days community service and the judges sympathy.


 
Posted : 20/12/2017 4:10 pm
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you mean sentence for the cyclist making a hand gesture? The opprobrium of the red-top press

Driver? Well, what was a cyclist doing on a busy road like that? I mean, do they actually [b][i]want[/i][/b] to get hurt? (which he wasn't anyway - it's like footballers taking a dive, really). 6 month ban and a robust telling-off from the judge.


 
Posted : 20/12/2017 4:10 pm
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He has also admitted dangerous driving so that is a start rather than trying to get away with careless driving which would clearly be harm to claim based on the footage.


 
Posted : 20/12/2017 4:12 pm
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A job at the Daily Mail/Metro?


 
Posted : 20/12/2017 4:13 pm
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He has also admitted dangerous driving so that is a start rather than trying to get away with careless driving which would clearly be harm to claim based on the footage.

Yep, I don't think I've ever seen a driver more bang-to-rights.

Maximum penalty for dangerous driving is two years, however for ABH it's five years - which would not be unsatisfactory.

Assuming the cyclist didn't suffer life-changing injuries, I'd have liked to see a 10-year sentence available for that behaviour.


 
Posted : 20/12/2017 4:17 pm
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Holy shit. I made the (never learn) mistake of reading the comments below the article.

[img] [/img]

did we just meet 'Jon Newman - 'self-employed - Public Transportation' - or a new virulent, weapon-grade hybrid of Poe's law?


 
Posted : 20/12/2017 4:21 pm
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Charge your iPad


 
Posted : 20/12/2017 4:23 pm
 Bez
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To attempt a genuine answer from a brief skim of the sentencing guidelines:

Dangerous driving at a Crown Court is a serious enough offence: minimum 12 month driving ban, a fine and edging into custodial sentence territory. If it does pass the custody threshold I guess the other offences should make a suspended sentence unlikely.

ABH looks like upper end of the lowest category, which would be a lengthy community order; if it nudges into the next category it could be a few months' custody.

Common assault looks like borderline fine or community order.

So I guess it depends on what else the perp's been up to and how the judge sees it (eg his view on potential provocation). If he's been remorseful and hasn't had his collar felt before then maybe a 12-24 month ban, a few hundred quid fine and if he's lucky a couple of hundred hours of supervised gardening. If he's got form then maybe four months' porridge plus the ban. Or if there's anything we've not heard about (I don't think it's clear what preceded the hand gesture) then maybe longer.


 
Posted : 20/12/2017 4:26 pm
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😕


 
Posted : 20/12/2017 4:27 pm
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Charge your iPad

**smashes ipad**


 
Posted : 20/12/2017 4:31 pm
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I commuted this road for 18 months everyday.
What you can't see is the mess of roundabouts and junctions that you need to navigate before this. As a cyclist it's easy to annoy people by doing the right thing there due to the number of lanes and slow progress on a bike, particularly when taking position two to stay safe. There's an awfully designed dual use cycle/pedestrian pass around there but it's dangerous. I've been abused there and had a car park on my wheel at the lights.

Colchester generally has a serious lack of usable cycling infrastructure. Not a safe place to cycle once you throw in the 50mph roads.

[IMG] [/IMG]


 
Posted : 20/12/2017 4:41 pm
 Bez
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As a cyclist it's easy to [s]annoy people by doing the right thing[/s] find yourself surrounded by angry dickheads


 
Posted : 20/12/2017 4:49 pm
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The article doesn't report if the guilty "perp" is on remand or was before the trial. If he's not, then a custodial sentence seems unlikely.

Typical lazy reporting diversion tactics deployed, "the car braked heavily", "the car drove away". No it didn't, the driver did. A car can't do that on its own. 👿


 
Posted : 20/12/2017 5:02 pm
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I think as a minimum a fine of £500 +VAT


 
Posted : 20/12/2017 7:13 pm
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Why is sentencing not until February, for cod's sake? That our sole shouldn't be allowed to enjoy this Xmas with family!


 
Posted : 20/12/2017 7:21 pm
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And it's taken 18 months to get to court, I assume this prick been allowed to drive during this time.


 
Posted : 20/12/2017 7:46 pm
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I agree with cookie about the mess of roads near that junction - my wife's friend lives a hundred yards up the hill from it, and I always have to take a deep breath before approaching it.
The thing is, it's so messed up, that anybody using it regularly really ought to approach it with care - but they don't.

I'm always dumbfounded by not only people's thoughts on this kind of incident, but the fact that they're so willing to do it on a public forum. It would be interesting to know how many people have had a visit from the police over their comments, as they effectively equate to hate speech and/or incitement to violence.


 
Posted : 20/12/2017 7:48 pm
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Thank you bez for some informed reasoning amongst the hysteria.


 
Posted : 20/12/2017 8:22 pm
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It would be interesting to know how many people have had a visit from the police over their comments, as they effectively equate to hate speech and/or incitement to violence.

IANAL but:

Inciting hatred

In England and Wales it can be an offence to stir up hatred on the grounds of:

Race
Religion
Sexual Orientation.
(There is no similar offence relating to disability or transgender)

http://report-it.org.uk/reporting_internet_hate_crime

No mention of cyclists.


 
Posted : 20/12/2017 8:35 pm
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[quote> http://report-it.org.uk/reporting_internet_hate_crime

No mention of cyclists

Whilst this is true, surely the whole point of laws to protect minority groups is to (quite rightly) ensure that they are treated in an equal way to others. If this is the case, then we (society) should be careful to not overshoot the bell curve and afford such groups more protection than those with whom we are striving to make them equal.


 
Posted : 20/12/2017 8:46 pm
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What will his sentence be?

A bloody joke, that's what!


 
Posted : 20/12/2017 9:22 pm
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And it's taken 18 months to get to court, I assume this prick been allowed to drive during this time.

That does make it even worse. They should never be allowed to drive again. A much better punishment than jail, fines etc,. and reasonable given what he is likely to do when allowed to drive.


 
Posted : 21/12/2017 9:08 am
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Anyone who is charged with dangerous or drink driving, or reaches maximum points, should have their licence suspended immediately pending the outcome of the court case, and then be re-tested after any ban served.


 
Posted : 21/12/2017 10:12 am
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They should never be allowed to drive again.

I agree but the counter argument to that (devil's avocado, etc.) is that if you are banned for life you then have nothing else to lose* so you may as well drive unlicensed anyway.

* mandatory prison for driving while banned plus seizing and crushing** your car would be an option though.

** why do we crush cars, why not resell them and use the proceeds to increase roads policing for example?


 
Posted : 21/12/2017 10:22 am
 Bez
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Anyone who is charged with dangerous or drink driving, or reaches maximum points, should have their licence suspended immediately pending the outcome of the court case, and then be re-tested after any ban served.

It is possible for the police to request an immediate ban in certain cases; it does happen on occasion.

All dangerous driving convictions carry a mandatory driving ban, and all mandatory driving bans require an extended retest before a licence is restored.

So, to some extent, your wishes have already been granted.


 
Posted : 21/12/2017 10:25 am
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Thanks for the info.


 
Posted : 21/12/2017 2:29 pm
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** why do we crush cars, why not resell them and use the proceeds to increase roads policing for example?

It would become a source of revenue for whatever part of government got the money, consequently there would be a incentive to seize and this may encourage abuse.


 
Posted : 21/12/2017 2:39 pm
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Talking of sentencing:

http://www.dailyecho.co.uk/news/15787291.Motorist_who_caused_death_of_cyclist_is_spared_prison/

Every couple of years some idiot kills a cyclist at this junction. The sight lines are perfect and the cause is always the driver behaving like the ****t that they are, simply ignoring the stop signs (used to be give way signs but that's no defence) and ploughing into cyclists side on. Pretty sure no-one has ever gone to jail.

Makes me so angry


 
Posted : 21/12/2017 2:45 pm
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^^^ Was just about to post about that joke of a sentence.


 
Posted : 21/12/2017 3:06 pm

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