Bus driver jailed

[Alembicbassman]

Gavin Hill pleaded guilty at first instance hence the light sentence.

 

[PK99]

as this is the perfect case,attempted murder too much, probably, GBH not enough, definetly.

I would appreciate it if you would cease to make assumptions about me as you dont know me thank you.

If the cyclist had died it might have been deemed murder as intent to cause GBH resulting in death passes the test, but he did not die and without a clear intent to kill the charge cannot be murder:

http://www.cps.gov.uk/legal/h_to_k/homicide_murder_and_manslaughter/#intent

Intent

For the principal defendant, (see later for Joint Enterprise) the intent for murder is the intention to kill or cause grievous bodily harm (GBH), nothing less. Foresight is no more than evidence from which the jury may draw the inference of intent, c.f. R v Woollin [1999] 1 Cr App R 8 (HOL).
Attempted Murder

In contrast to the offence of murder, attempted murder requires the existence of an intention to kill, not merely to cause grievous bodily harm: R v Grimwood (1962) 3 All ER 285. The requisite intention to kill can be inferred by the circumstances: R v Walker and Hayles (1990) 90 Cr App R 226

 

[classic33]

Somebody needs to stamp on that pathetic argument. If they are prone to a moment of madness that is dangerous to others then lets treat it like a medical condition, like say epilepsy.

http://www.epilepsy.org.uk/info/driving/stopping-driving



Rant rant.

Why epilepsy? Easy target or the first thing that sprang to mind for getting an automatic ban?
There are plenty of other things that could be used to get the driver to hand the licence back.

I ask as a person who suffers from/with the condition & has done all my life. Going off topic I know but I've done more damage to myself through it than I have to anyone else. Although I did put a qualified first aid instructor in a neck brace when he sat me up, partway through a fit.
In theory I could be clear to start driving at the end of January 2013, providing there are no further fits.

 

[Little yellow Brompton]

Is it wrong? Are you saying that a person commits a knife attack but only manages to inflict a flesh wound should get the same charge brought as another person who opens up an artery and kills someone?

Nope, Attempted Murder versus Murder. The key being not the result but the intent. The problem is proving the intent.
Manslaugter was dumbed down to "Causing death by dangerous driving" due to Jury's unwillingness to put aside " there but for the grace of dog go I!" , this has now been watered down due to the problem of proving "intent" and so we end up back where we started. The reason the "moment of madness" was trotted out was to try and kill the "intent" idea. Of course if there was any real justice those who use "madness" as an excuse should be locked up in Broadmoor and asked to prove that they are not mad before being let out. If we can't do it under the RTA , surely we can do it under the Mental Health Act citeing a "Place of safety"?

 

[Stephenite]

Made the news in Norway this.

Hope the cyclist makes a full recovery physically and psychologically.

17 months isn't enough IMO.

 

[Ste T.]

Truely shocking.
But on a lighter note the usual comments on the Daily Mail didn't dissapoint.
http://www.dailymail.co.uk/news/article-2102245/Bus-driver-used-vehicle-weapon-ram-cyclist-road.html

 

[BSRU]

It was on BBC Breakfast news this morning, it is disturbing to watch, the presenters seemed shocked by the footage.

 

[Mushroomgodmat]

Truely shocking.
But on a lighter note the usual comments on the Daily Mail didn't dissapoint.
http://www.dailymail.co.uk/news/article-2102245/Bus-driver-used-vehicle-weapon-ram-cyclist-road.html

Wow....the Daily Fail never disappointed does it.

 

[Leodis]

Just rewatched this video and it does seem the cyclist swurves into the bus forcing the bus drive over more into oncoming traffic. No excuse for this but this man should be locked up for attempted murder.

Just looked on the Sky (scum) website and its full of Clarkson wonnabes.

 

[summerdays]

There is no on-coming traffic - this road on its approach and exit of the RAB is two lanes wide each side separated by a 1 meter concrete raised bit between either side.

 

[Leodis]

From what I watched the cyclist did something daft trying to stop the bus overtaking in the other lane, he was obviously on one the same as the driver but there is no excuse for actions like that.

 

[Manonabike]

Truely shocking.
But on a lighter note the usual comments on the Daily Mail didn't dissapoint.
http://www.dailymail.co.uk/news/article-2102245/Bus-driver-used-vehicle-weapon-ram-cyclist-road.html

Exactly, very worrying to think one has to share the roads with ignorant road users like that. Governments have failed to educate people that cyclists have the same rights on the road as that "bus driver". Lots of people are convinced that cyclists have limited rights on the road unless the road has a cycling lane.

I have seen very few really bad cyclists on the road and those should be stopped. Maybe there is a need for a number plate or any form of identifying a cyclist that goes round riding like lunatic and giving all cyclists a bad name. I think that is very important for us to continue demanding cyclists rights on the road be respected.

 

[Leodis]

I am shocked at the level of uneducated drivers on the roads who spout the highway code yet wouldnt pass a theory test now. Its one of the reasons I now use a dedicated cycle path on the way home, I feel safer and I avoid plonkers on the road.

 

[Davidc]

I certainly think the sentence is too low, but loss of his livelihood goes with it, so it's more than it looks.

Unfortunately in this case the bus driver's red mist came up following the cyclist's red mist, which had led to him having a go at the driver rather than reporting the original dangerously close pass. I wonder if the offence and sentencing would have been more severe if the bus driver's action had occcurred without the cyclist's reaction?

Unlike many road traffic incidents this one has at least led to a conviction and jail. Too often they don't, and that applies to incidents with pedestrians, cyclists, and other motor vehicles. We need a cultural change so that behaviour on the roads is judged by the same criteria as any other behaviour. At present it isn't. If that driver had hit the cyclist with a large blunt instrument without wheels attached I'm sure he'd be inside for much longer.

 

[pshore]

Why epilepsy? Easy target or the first thing that sprang to mind for getting an automatic ban?
There are plenty of other things that could be used to get the driver to hand the licence back.

I ask as a person who suffers from/with the condition & has done all my life. Going off topic I know but I've done more damage to myself through it than I have to anyone else. Although I did put a qualified first aid instructor in a neck brace when he sat me up, partway through a fit.
In theory I could be clear to start driving at the end of January 2013, providing there are no further fits.

It was the first thing that sprang to mind classic33. It wasn't intended to offend, and sorry if it did. It was an attempt to show how seriously we treat a single incidence of a condition (in this case epilepsy), but then outbursts of extreme rage, which can be equally as dangerous, when given as a defence is not treated in the same way with regards to suitability to drive. Driving bans are handed out, but I cannot remember ever seeing one that amounts to 5 years. There is a lot of leniency built in the justice system, as the CTC's Stop Smidsy campaign demonstrates.