Cyclist Assault Conviction

[Crankarm]

I resigned myself to accepting our courts give ridiculously lenient sentences a long time ago. I particularly hate the blatant misuses of mitigation too - oh no, I've been caught, what can I use as an excuse...

I particularly hate the excuse "M'lud, yes my client committed the theft, but in his defence he is a drug addict stealing to fund his habit". Surely it should be the prosecutor saying "M'lud, the accused is not just a thief, but also a drug user stealing to fund his habit".

The charge should have been a s.18 OAPA with intent. Why don't the police and prosecutors show some back bone? The sentence is far too lenient given the defendent's admissions, excuses and what she intended to do and the cyclists injuries and damage to bike. Yet another soft idiot judge to add insult to injury.

 

[fossyant]

It seems one can invent an illness and get away with it. I'd like to know if her 'depression' had already been diagnosed, as the court refers that she must see psychology outpatients - I suspect the 'illness' was used as an excuse.

It no longer surprises me. There are lawyers who specialise in 'defending' people and will get them the least 'punishment' when they have clearly done something wrong. I've got one of these 'scum firms' against me in my civil case.

 

[Banjo]

Unbelievable. Obviously a bunch of lowlifes well versed in how to play the system.

Husband and Wife should be locked up .Kids would be better off without them.

 

[cloggsy]

Well that was a severe letting off wasn't it?

Unbelievable...

 

[cd365]

What a disgusting sentence, it is lenient judges like this who disgust me, where is the justice for their victims.

 

[davefb]

right, so the lack of care was because she was unable to control a deliberate scare someone act?

so thats intent isn't it? but its okay because the intention was only to scare?

wow....

 

[ohnovino]

The 12 month driving ban is nonsensical. If the court has believed her defence that what happened was due to her depression, then they should have banned her until a doctor signs her off as being "cured". In 12 months time she'll be back on the roads, and if she's still suffering from depression then she'll re-offend.

 

[LCpl Boiled Egg]

Disgusting. Now people can add 'depression' to the list of excuses they can use when they kill someone using their car. 'Need to drive for my job' is already on there of course...

(Edit- I'm not saying depression shouldn't be taken seriously btw - it's just I can see how people could claim they have it when they don't, and that doesn't help people who really suffer from it.)

 

[davefb]

The 12 month driving ban is nonsensical. If the court has believed her defence that what happened was due to her depression, then they should have banned her until a doctor signs her off as being "cured". In 12 months time she'll be back on the roads, and if she's still suffering from depression then she'll re-offend.

she only had a provisional licence as well ( just realised after re-reading)..
how does that work then?

 

[dawesome]

Use a ton of steel as a weapon and suffer 12 month's inconvenience, laughable.

 

[CopperCyclist]

The charge should have been a s.18 OAPA with intent. Why don't the police and prosecutors show some back bone? The sentence is far too lenient given the defendent's admissions, excuses and what she intended to do and the cyclists injuries and damage to bike. Yet another soft idiot judge to add insult to injury.

I'm going to defend us here. The charge has nothing to do with the police, especially in S18. We only get to 'choose' the charge in minor stuff where there's nothing lesser anyway. It's all a decision solely made by CPS.

If it was up to the police, a lot more charges would be laid, and a lot more charges would be raised. Even then, speaking from experience of the days when we could make our own charging decisions, CPS used to lower or drop it if they were scared it wasn't a guaranteed result.

 

[dawesome]

Should have charged her husband as well.

Yeah, he started the whole thing yet appears to have got away with no punishment at all.

 

[gambatte]

True, apart from the whole "he's the one in charge of the car, as he's the one with a full licence", there's the aspect of the start of the incident. IMO this could be taken as anything from littering to common assault?

 

[jowwy]

This is what happens when you eat too many leaks.

racist

 

[cloggsy]

What a disgusting sentence, it is lenient judges like this who disgust me, where is the justice for their victims.

I think they are being directed to be lenient as the prison population is already full to bursting point...

How much is it costing us tax payers to keep 'lifers' inside again?