Attempted Murder!

[Drago]

Yeah, using a knife might be considered a little OTT for just intending to frighten soneone, and the general presumption is one of intent when using a knife to cause injury.

And indeed, circumstances make a big difference. In out OPs scenario the car punched him off agai st the curb. If the car had, say, mounted the path or crossed a central reservation to do this then the intent might be clearer.

In cases such as this it often comes down to evidence obtained by way of interview when trying to establish mens rea. And just to muddy the waters still further it is possible to assault someone by way of a reckless act rather than intentional one, but gaining a conviction on reckless intent is even more far fetched in terms of proving beyond reasobable doubt, but it can happen.

The law is written to tell us what the policy makers think. CPS guidance to police and prosecutors tells us how the government of the day think. And then case law tells us how judges think. These 3 considerations are often wildly contradictory and gave to be measured when determining a complex case, but form the info alone provided by our OP I can see I way of ever proving intent, and without that reasobable suspicion the alternative is to consider a driving offence.

I'm surprised more murderers don't simply run people over for this very reason.

 

[Drago]

Ps, apologies chubby fingeritis.

 

[middleagecyclist]

I'm surprised more murderers don't simply run people over for this very reason.

Quick. Take that back. You'll be giving cretins ideas!

 

[Peter Armstrong]

Helloooo,

Yes I have two witnesses, after the event I was flagged down by another motorist.
He said he had seen the whole thing and had taken his Reg down, and he and his wife would be witnesses.
I’m yet to hear anything, but this plank is known to the police, and the copper dealing with the case is a cyclist too!

 

[Hip Priest]

He sounds like a right arse, but surely it is only attempted murder if he attempted to murder you?

 

[fenlandpsychocyclist]

There's been a lot in the press lately about "self defence" when you feel threatened by an intruder in your house.
How does this apply on the road?
If i feel threatened by another road user, can i whip out a 4 cell maglight and throw it at their side window?

 

[middleagecyclist]

He sounds like a right arse, but surely it is only attempted murder if he attempted to murder you?

Perhaps he was trying to but made a complete hash of it? He used a car as a weapon which could have resulted in fatal consequences. If he'd pulled a knife in retaliation for some slight (imagined or otherwise) but failed to actually murder despite trying to insert it in a violent manner would that count as attempted murder?

 

[Hip Priest]

Perhaps he was trying to but made a complete hash of it? He used a car as a weapon which could have resulted in fatal consequences. If he'd pulled a knife in retaliation for some slight (imagined or otherwise) but failed to actually murder despite trying to insert it in a violent manner would that count as attempted murder?

Well, in both cases the prosecution would have to prove, beyond reasonable doubt, that there was an attempt to kill. I'm pretty certain that if a driver wanted to kill a cyclist, he'd at least manage to make contact.

It sounds to me like he was just being a dick and trying to bully the OP.

 

[akb]

...the video below

That is shocking!

 

[Pennine-Paul]

This is one of the reasons I'm going back to Mountain Biking
there's too many crazy people out there and I've had my fill of them.
Witnessing a hit and run whilst out riding a couple of weeks ago was the final straw.
Fortunately I'm only 2 minutes ride from the moors,
I'll take my chances with the sheep and the rabbits thanks

 

[Silver Fox]

This is one of the reasons I'm going back to Mountain Biking
there's too many crazy people out there and I've had my fill of them.
Witnessing a hit and run whilst out riding a couple of weeks ago was the final straw.
Fortunately I'm only 2 minutes ride from the moors,
I'll take my chances with the sheep and the rabbits thanks

I thought like that some time back. At least off road you control the risk.

 

[derrick]

Knob!
Police should take their cars off them and make them cycle for a Day and see how they like it!!!

You make cycling sound like a punishment.

 

[Night Train]

Knob!
Police should take their cars off them and make them cycle for a Day and see how they like it!!! and never let them drive again.

FTFY.

 

[surfatwork]

That bus video is terrifying!!!

 

[Psycolist]

The wonderfull world of Justice. As anyone involved in the legal system will know, thinking you know something and even witnessing a crime, is entirely different to being able to prove it in a court of law. You quickly learn that you shouldnt expect common sense to be followed, nor see the same penalty given for the same offence when dealt with by different Judges. The whole legal system is riddled with anomolies and disparities, usually caused by an attempt to try and make things fair and just to all. I dont know what the answer is, but every day, guilty men/women go free on technicalities and innocent people plead guilty to try and minimise thier penalty because they cant afford to employ a brief to try and prove thier innocence. That sadly, is fact. But, when all said and done, half the worlds legal systems are based on the way we organise ours, because its thought to be the best. What a sad reflection on the world if thats the best we can do.