TwickenhamCyclist
Guest
Maybe it's me but chasing down a cyclist and kicking them repeatedly while on the floor should result in more than a fine -
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A SOLDIER attacked a cyclist and repeatedly kicked him in a fit of road rage. Hull's top judge has warned drivers to be careful when passing cyclists, after the victim was attacked and left injured on the ground.
Beverley soldier Daniel Jones, 20, who escaped a jail sentence for his crime, became impatient when cyclist Gerald Burnham pulled out to pass some parked cars in Woodhall Way.
He drove close to Mr Burnham, who is in his 50s, and as he did so his victim tapped his wing mirror to remonstrate with him.
Jones then jumped out of his car, chased him and pushed him off his bike.
He then repeatedly kicked him in the chest as he laid on the ground.
Prosecutor Simon Waley said: "Jones became irritated by being delayed by him and began to drive somewhat aggressively.
"When the two of them came to a halt further down the road, Mr Burnham lent in to ask him what he was doing, no doubt to reprimand him, and he slapped his wing mirror with the palm of his hand. It did not cause any damage.
"The complainant made off and then Jones pursued him on foot, pushed him off his bike and proceeded to launch an attack on him and it continued while he was on the ground, by him kicking his body."
Mr Burnham suffered cuts and bruises in the attack, which happened on February 19 at 5.30pm.
In a victim impact statement, Mr Burnham said: "I have had a change of attitude to cycling since this happened.
"I was a regular cyclist for many, many years and now I'm reluctant to go out on my bike.
"My wife is trying to gradually get me to regain my confidence and is encouraging me to go out."
Jones pleaded guilty at Hull Crown Court to assault occasioning actual bodily harm (ABH).
In his police interview, he refused to accept his actions were "not justified" but admitted he had pushed him over in anger.
His solicitor Paul Norton urged the judge to spare Jones jail in a bid to save his Army career.
He told the court that a prison sentence would see him thrown out of the Army.
The honorary Recorder of Hull and the East Riding, Judge Michael Mettyear, ordered Jones to pay £3,500 instead of jailing him.
He told him: "This was outrageous conduct, people should be giving plenty of room to cyclists.
"You assaulted this unfortunate man going about his business.
"Cyclists do not fall out with drivers for no reason. Drivers get too close to cyclists.
"Cyclists have to make clear and draw attention to drivers' bad driving, but they do not expect to be assaulted as a result.
"If you had kicked this man in the face, you would definitely be going to prison.
"You cannot keep going on behaving in stupid, irresponsible and antisocial ways.
"It has been a close-run thing, but I'm just persuaded to punish you without you losing your position in the Army.
"You can regard yourself as very lucky."
He has been ordered to pay the victim £1,000 compensation, and will also have to pay a £1,000 fine and £1,500 in court costs.
LINK
A SOLDIER attacked a cyclist and repeatedly kicked him in a fit of road rage. Hull's top judge has warned drivers to be careful when passing cyclists, after the victim was attacked and left injured on the ground.
Beverley soldier Daniel Jones, 20, who escaped a jail sentence for his crime, became impatient when cyclist Gerald Burnham pulled out to pass some parked cars in Woodhall Way.
He drove close to Mr Burnham, who is in his 50s, and as he did so his victim tapped his wing mirror to remonstrate with him.
Jones then jumped out of his car, chased him and pushed him off his bike.
He then repeatedly kicked him in the chest as he laid on the ground.
Prosecutor Simon Waley said: "Jones became irritated by being delayed by him and began to drive somewhat aggressively.
"When the two of them came to a halt further down the road, Mr Burnham lent in to ask him what he was doing, no doubt to reprimand him, and he slapped his wing mirror with the palm of his hand. It did not cause any damage.
"The complainant made off and then Jones pursued him on foot, pushed him off his bike and proceeded to launch an attack on him and it continued while he was on the ground, by him kicking his body."
Mr Burnham suffered cuts and bruises in the attack, which happened on February 19 at 5.30pm.
In a victim impact statement, Mr Burnham said: "I have had a change of attitude to cycling since this happened.
"I was a regular cyclist for many, many years and now I'm reluctant to go out on my bike.
"My wife is trying to gradually get me to regain my confidence and is encouraging me to go out."
Jones pleaded guilty at Hull Crown Court to assault occasioning actual bodily harm (ABH).
In his police interview, he refused to accept his actions were "not justified" but admitted he had pushed him over in anger.
His solicitor Paul Norton urged the judge to spare Jones jail in a bid to save his Army career.
He told the court that a prison sentence would see him thrown out of the Army.
The honorary Recorder of Hull and the East Riding, Judge Michael Mettyear, ordered Jones to pay £3,500 instead of jailing him.
He told him: "This was outrageous conduct, people should be giving plenty of room to cyclists.
"You assaulted this unfortunate man going about his business.
"Cyclists do not fall out with drivers for no reason. Drivers get too close to cyclists.
"Cyclists have to make clear and draw attention to drivers' bad driving, but they do not expect to be assaulted as a result.
"If you had kicked this man in the face, you would definitely be going to prison.
"You cannot keep going on behaving in stupid, irresponsible and antisocial ways.
"It has been a close-run thing, but I'm just persuaded to punish you without you losing your position in the Army.
"You can regard yourself as very lucky."
He has been ordered to pay the victim £1,000 compensation, and will also have to pay a £1,000 fine and £1,500 in court costs.
