wiggydiggy
Legendary Member
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- Thread starter wiggydiggy
- Start date
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Bonefish Blues
Banging donk
- Location
- 52 Festive Road
Burrows was given 150 hours' unpaid work and he was ordered to pay £133 compensation for bicycle repairs.
Whilst understanding we only have the evidence above, how can it be right that the defendant did not have compensate the victim for the injuries. I’d have thought ABH attracted a fine, plus community service, damages and compensation.
Bonefish Blues
Banging donk
- Location
- 52 Festive Road
Wore a suit and tie, didn't look like an average thug and said sorry?
Alex321
Guru
- Location
- South Wales
I don't think compensation/damages are generally payable for minor injuries that don't result in any costs or loss of work, and for ABH it is a punishment of fine and/or community service. In this case, the magistrate just gave community service - 150 hours.
https://www.sentencingcouncil.org.u...-harm-racially-or-religiously-aggravated-abh/
Culpability will be C, and harm will be either 2 or 3 (probably 3).
150 hours unpaid work is on the boundary between medium level and high level community order, which is the difference in starting point for harm 2 or 3 with culpability C. SO it looks like the magistrate wasn't really sure whether the harm level was 2 or 3, and put the sentence at the bottom end for 2 or top end for 3.
teeonethousand
Über Member
I hope I never find out but I would like to think that in a similar situation I would hit back .. I worry that I would go ballistic, not know when to stop .... and try to disassemble his van as well.
Electric_Andy
Heavy Metal Fan
- Location
- Plymouth
Pathetic. What a great message to send out:
a) it's not really a crime to block a vulnerable road user with your vehicle by slamming on brakes in front of it.
b) there are legitimate grounds to have "a disagreement with the cyclist over the laws of the road for cyclists and where they should be positioned on the road", when in fact the highway code covers it.
c) it's ok to throw punches at someone who is strapped into a bicycle and can't really defend themselves, as long as they only had a bit of a cut and didn't die.
when in fact
a) his van could have hit the cyclist(s) and seriously injured/killed them
b) there should be no discussion about bike paths and road positioning if the driver observed the highway code
c) punching someone in the head could absolutely have killed the man. This happened to a friend of a friend years ago in a road rage incident - one punch, died at the scene
But apparently none of that matters, a bit of community service and he's fine to go out driving and assaulting again
a) it's not really a crime to block a vulnerable road user with your vehicle by slamming on brakes in front of it.
b) there are legitimate grounds to have "a disagreement with the cyclist over the laws of the road for cyclists and where they should be positioned on the road", when in fact the highway code covers it.
c) it's ok to throw punches at someone who is strapped into a bicycle and can't really defend themselves, as long as they only had a bit of a cut and didn't die.
when in fact
a) his van could have hit the cyclist(s) and seriously injured/killed them
b) there should be no discussion about bike paths and road positioning if the driver observed the highway code
c) punching someone in the head could absolutely have killed the man. This happened to a friend of a friend years ago in a road rage incident - one punch, died at the scene
But apparently none of that matters, a bit of community service and he's fine to go out driving and assaulting again
Alex321
Guru
- Location
- South Wales
How exactly does finding him guilty and sentincing according to the sentencing guidelines send out any of those messages?
That's all? Christ, what a joke 'justice' is.
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steveindenmark
Legendary Member
He may well do. But that is a matter between solicitors to sort out. The fact that he has been found guilty makes the case far more compelling.
DCLane
Found in the Yorkshire hills ...
- Location
- Dewsbury, West Yorkshire
Having read it I can't see anything about penalty points / a ban / needing to re-take his test / needing anger management.
So there's basically very little punishment here and the message is "go punch a cyclist".
So there's basically very little punishment here and the message is "go punch a cyclist".
mjr
Comfy armchair to one person & a plank to the next
- Location
- mostly Norfolk, sometimes Somerset
No dispute or debunking of the 'mitigation' is reported and the only penalty is a bit of unpaid work. The crim should have a retest at least.
Fastpedaller
Über Member
- Location
- Norfolk
I wasn't going to post the following, as I found the situation upsetting, but in light of the above I'll relate what I experienced today:-
As I approached the 'cycle parking' area at my local Lidl store the only Sheffield stand had a pedal bike one side and was half obscured the other side by the front of a motorcycle. No real issue for me, and I rested my bike against the stand and proceeded to lock it. A gut approached on his mountain bike and grumbled "I've told them about motorbikes - one of them belongs to a member of staff - it really annoys me", and put his front wheel in one of the wheel benders. . I retorted with "you'd think they could give a bit more parking for 2-wheelers... the parking is mainly for cars". This was my downfull..... He then went on saying "that's how it should be, what's really bad is the lycra cyclists riding along 3-abreast, I'd happy knock them down!" I was quite shocked by this, but decided to keep my cool. I said to him "well, I've never seen cyclists 3-abreast, and do you judge all cyclists wearing lycra in the same way. He said he did, to which I replied "I sometimes wear lycra as it's more comfortable, so am I now a bad person? I don't judge people by the clothes they wear, so why do you?" He just said "Look online at Lycra ***** " Again, trying to keep my cool I said "what about black people - do you judge them as well?" He replied that he didn't, so I asked him how he would treat my black friend who wears lycra when he rides his bike adding "I'll say no more to you". Clearly he was a deranged idiot, and it saddens me that there are folk like him 'hiding in plain sight riding a bike' who grow horns when they get behind the wheel of a car.
As I approached the 'cycle parking' area at my local Lidl store the only Sheffield stand had a pedal bike one side and was half obscured the other side by the front of a motorcycle. No real issue for me, and I rested my bike against the stand and proceeded to lock it. A gut approached on his mountain bike and grumbled "I've told them about motorbikes - one of them belongs to a member of staff - it really annoys me", and put his front wheel in one of the wheel benders. . I retorted with "you'd think they could give a bit more parking for 2-wheelers... the parking is mainly for cars". This was my downfull..... He then went on saying "that's how it should be, what's really bad is the lycra cyclists riding along 3-abreast, I'd happy knock them down!" I was quite shocked by this, but decided to keep my cool. I said to him "well, I've never seen cyclists 3-abreast, and do you judge all cyclists wearing lycra in the same way. He said he did, to which I replied "I sometimes wear lycra as it's more comfortable, so am I now a bad person? I don't judge people by the clothes they wear, so why do you?" He just said "Look online at Lycra ***** " Again, trying to keep my cool I said "what about black people - do you judge them as well?" He replied that he didn't, so I asked him how he would treat my black friend who wears lycra when he rides his bike adding "I'll say no more to you". Clearly he was a deranged idiot, and it saddens me that there are folk like him 'hiding in plain sight riding a bike' who grow horns when they get behind the wheel of a car.
Profpointy
Legendary Member
Having read it I can't see anything about penalty points / a ban / needing to re-take his test / needing anger management.
So there's basically very little punishment here and the message is "go punch a cyclist".
Sounds like it was an assault rather than a motoring offence.
As an aside it seems disturbingly common to prosecute potentially lethal deliberate use of a vehicle to hit a cyclist as a mere motoring offence rather than a serious assault. This always seemed to me to be akin to prosecute a chef stabbing his boss as a breach of food hygiene regulations
- Location
- Glasgow
Similar happened to me no long ago, sometimes last year.
On my commute, I used to leave the cycle route for a short distance, because that stretch is a shared pavement usually full of broken glass.
The adjacent road is wide, 2 lanes, one goes left into a housing estate, nowhere else, in there one can rejoin the cycle route.
There was hardly any traffic, only me in the left lane, hardly any cars in the right lane.
A driver closed passed me beeping, then stopped at the lights, put his hazards on, exited his car, started shouting at me.
I couldn't understand what he was shouting, because I stopped my bike as soon as he put his hazards on, I could feel something was wrong.
It was scary. I don't know if he though I was a guy, not a 60+ yo woman.
I don't know why he was so angry: if he thought I was slowing him down, he could have passed me with ease, I was not riding in primary.
He then turned left into the estate: I avoid taking the road on that stretch now, because it's part of my commute, and he obviously lives in the estate
Should we cross paths again next time he might get violent.
On my commute, I used to leave the cycle route for a short distance, because that stretch is a shared pavement usually full of broken glass.
The adjacent road is wide, 2 lanes, one goes left into a housing estate, nowhere else, in there one can rejoin the cycle route.
There was hardly any traffic, only me in the left lane, hardly any cars in the right lane.
A driver closed passed me beeping, then stopped at the lights, put his hazards on, exited his car, started shouting at me.
I couldn't understand what he was shouting, because I stopped my bike as soon as he put his hazards on, I could feel something was wrong.
It was scary. I don't know if he though I was a guy, not a 60+ yo woman.
I don't know why he was so angry: if he thought I was slowing him down, he could have passed me with ease, I was not riding in primary.
He then turned left into the estate: I avoid taking the road on that stretch now, because it's part of my commute, and he obviously lives in the estate
Should we cross paths again next time he might get violent.