Cyclist Jailed

[User482]

And that's the other bizarre thing, if I've understood correctly; he's been banned from driving for committing an offence on a bicycle.

User might like to chip in? If he committed an offence that applies to all vehicles, then the range of punishments could include a driving ban?

 

[Mr Pig]

I think you're missing something here. This unfortunate incident serves to send out the message that cyclists should not be cycling on the pavement. Frankly, the more drivers get that into their thick skulls the better so this is not bad news for cyclists in general. Unless you cycle on the pavement that is ;0)

As for this guy, I don't see the problem. He was behaving like a lunatic and he killed someone.

 

[User482]

The 1861 Act doesn't provide for a driving ban. So I can't see the legal basis on which he was banned.

As I said above, I smell an appeal in the offing...

Interesting...

 

[CopperBrompton]

This unfortunate incident serves to send out the message that cyclists should not be cycling on the pavement. Frankly, the more drivers get that into their thick skulls the better so this is not bad news for cyclists in general.

Agreed.

As for the sentence, that seems to me perfectly appropriate.

 

[Brains]

The issue of the Car driving ban is odd for a cycling offence, I can't see the connection. I also would have thought it was illegal. An ASBO to keep him from the area would be far more relevent.

Otherwise a ban from riding a horse would make just as much sense

 

[Medic6666]

I may be a bit dense here so I apologise if I get this wrong.

Banned from driving does this mean he can still ride his bike though.
If so....
by banning him from driving they have now forced him to ride his bike more where he is supposed to of more danger to people around him.

 

[HLaB]

I would like to think if a motorist mounted the pavement deliberately and mowed down a ped they'd be jailed too but there does seem to be an inconsistency there!

Noeh the key point re the deliberate nature of the act:


.

Perhaps he was lucky the charge was not mansalughter

Sorry that's what I meant I should of said deliberately, agreed that he should have been charged with manslaughter.

 

[wafflycat]

Hmm... I have no sympathy for the cyclist in the sense I think he should be dealt with seriously. And IMO a jail sentence is not too harsh, a man was killed as a result of this person's stupidity.

BUT

As others have stated, I feel an appeal in the offing.. and what next, banned from driving because you've had your collar felt for shoplifting? Points on your licence because your library book is returned late? Knock over an old lady when you're on your skateboard & you've got a driving ban? This has been tried before where cyclists have received a ban/points on a driving licence for a cycling offence but when challenged on it, the points/ban has been dropped.

By all means deal with the guy harshly, but do it *properly* where justice is properly done and seen to be so.

 

[marinyork]

Interesting that the CPS chose to use the offence that they did.

Contrary to common misconception, there has never been an offence of "furious cycling" in England and Wales - it is an urban myth. Cyclists can be prosecuted for "wanton and furious driving" under Section 35 of the Offences Against the Person Act 1861 (as amended by the Criminal Justice Act 1948) which states:



Cycles are covered by this legislation as bicycles are 'vehicles'. However, the offence only applies where injury occured to a person - it does not apply simply for going too fast.

Under the Road Traffic Act 1988, three new offences were created:

* Dangerous Cycling (Section 28 of the 1998 Act)
* Careless or Inconsiderate Cycling (Section 29 of the 1988 Act)
* Cycling When Under the Influence of Drink or Drugs (Section 30 of the 1988 Act)

The Section 29 offence can theoretically be used to prosecute where speed is considered to be an issue - but as speed limits do not apply to cyclists there has never been a case where speed alone was the issue. Prosecutions have always been related to injury or another supposed deleterious effect on a third party.

I could see an appeal on the basis that he was charged under an inappropriate offence - that he should have been charged with the Section 28 offence under the 1988 Act. Certainly the driving ban for a cyclig offence is questionable.

How successful that would be would remain to be seen.

I agree. I don't particularly have a problem with dangerous cycling prosecution.

The problem I have is we don't see this act used against motorists who pavement drive and get a multiplier of this offence based on injury/death and that is a car. If someone can quote gaol terms of a few months for SIs for pavement driving under this act or Dangerous driving (which also has 2 year max) then I'd be a lot happier. I suspect I know what the answer will be .

 

[gbb]

I think you're missing something here. This unfortunate incident serves to send out the message that cyclists should not be cycling on the pavement. Frankly, the more drivers get that into their thick skulls the better so this is not bad news for cyclists in general. Unless you cycle on the pavement that is ;0)

As for this guy, I don't see the problem. He was behaving like a lunatic and he killed someone.[/QUOTE]

I rather thought this is why he's been dealt with so harshy...to reflect his complete disregard for others safety. And quite rightly too.

Drivers who kill cyclists (or anyone else for that matter) with this disregard can also expect the same. We had a case a few years ago in Peterborough. Guy cycling on the dual carriage ring road, was at an exit slip road as a driver, who's been driving at 90mph'ish decided he'd take that slip road from the outside lane at the last second, swerved across the inside lane forcing a car to brake heavily. He never saw the poor cyclist of course and killed him outright. It was big news here at the time.
He was given a very very substantial jail sentence, to reflect his absolute disregard for other road users.

This case is the same. There's a world of difference between killing someone in a moments loss of concentration etc etc and killing someone when you're showing complete disregard for anything and everything...

 

[ComedyPilot]

All the people getting upset, do you really consider that scum to be a cyclist, or a POB?

 

[sarah26]

Not the truth!!!

Dear readers,

Can i put the record straight about Darren Hall's accident resulting in Mr Turners unfortunate death.
On this day 8th of august 2008 darren left work as usaull to ride the 4 miles home as he did do everyday but on this day as darren was riding down littlemoor road towards the traffic lights, (which was on red) An cars in line waiting, a inconsiderate motorist, (In a RED car) forced darren on to the pavement if darren had not done so he could have been hit by the car.
As he was on the pavement he was already breaking as there was a sharp left hand bend to go round, as he turned the corner he saw Mr Turner and applied his breaks full on, he did NOT HIT Mr Turner but Mr Turner was startled, he then moved to the side to get out of the way but unfortunatly he slipped off the curb which resulted in him hitting his head.

The reason why darren took this action was because a few months pria to this darren was riding home from work on the dorchester road when a car pulled out in front of him from a side street, resulting in darren hitting the car's front wing an landing on the bonnet, luckly for darren he was not injured in this accident but mad him very weary of the traffic on the road and what can happen to cyclists on are roads.

Yours sincerly
Mr Hall (Darren's Dad)

 

[philipbh]

http://news.bbc.co.uk/1/hi/england/cornwall/7098383.stm

Similar case in Cornwall in 2006

Similarly mentions: wanton or furious cycling

Outcome: Suspended sentence and 300 hours community service

This guy WAS deliberately cycling on the pavement and not cycling on the pavement as a result of action in avoiding a collision with a car (as described by Mr Hall)

It seems that the whole incident has been mis reported (if we take Mr Halls version of events) - sloppy journalism perhaps ? and surely enough mitigating circumstances to avoid a jail term. Curious mention of "going like a bat out of hell" too

The driving ban seems to be a "cruel and unusual punishment" - similar to the mooted driving license / passport seizure of parents of truanting children etc

 

[gbb]

My sympathies to you Mr Hall. As a dad, i can imagine the worry and stigma you must feel.
It's always interesting to hear the other side to a story....we all make judgements based on what little we know or get told by the media. Unfortunately, the courts are shackled sometimes with the same burden...to make a judgement based on what they're told.

As a cyclist, i'd be very concerned if courts were disregarding such circumstances.

 

[marinyork]

Dear Mr Hall,
You need to contact the BBC to get that article modified. You need the reference to the red light pulling, the reference to hitting and the bat out of hell reference to go.