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Deliberately hitting a cyclist: "driving without due care and attention"...

A driver who left the scene after deliberately driving into a cyclist and knocking him off his bike in Richmond Park has been fined just £625 and given five penalty points.

Jon Weale, 29, from Kingston, Surrey was driving his Jaguar X-type on Sawyer’s Hill in the park on July 27 last year, when he drew alongside a cyclist, Lavender Hill Magistrates’ Court heard.

According to Tom Ambrose in the Richmond & Twickenham Times, Weale’s passenger shouted abuse at the cyclist about who had right of way. Weale sounded his horn and the rider responded by swearing.

Weale then drove at the cyclist, knocked him off his bike, and drove away.

He pleaded not guilty to charges of driving without due care and attention and failing to stop.

The court fined Weale £100 for careless driving but did not endorse his licence. He was fined a further £250 and ordered to pay £250 costs and a victim surcharge of £25.

For the failing to stop offence he was given five penalty points.

Our official grumpy Northerner, John has been riding bikes for over 30 years since discovering as an uncoordinated teen that a sport could be fun if it didn't require you to catch a ball or get in the way of a hulking prop forward.

Road touring was followed by mountain biking and a career racing in the mud that was as brief as it was unsuccessful.

Somewhere along the line came the discovery that he could string a few words together, followed by the even more remarkable discovery that people were mug enough to pay for this rather than expecting him to do an honest day's work. He's pretty certain he's worked for even more bike publications than Mat Brett.

The inevitable 30-something MAMIL transition saw him shift to skinny tyres and these days he lives in Cambridge where the lack of hills is more than made up for by the headwinds.

73 comments

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pmr [196 posts] 1 year ago
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attacking with a car is at least as deadly as a knife or gun, so cant see why this isn't attempted murder, or GBH at least?
If he would have got out his car and hit the bloke with a baseball bat he'd have got a lot worst for doing identical damage. Crazy Laws, and a PATHETIC justice system we have in this country.
Waste of taxpayers money beyond belief.

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colinth [191 posts] 1 year ago
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Not even surprised anymore, pleaded not guilty and still got barely a slap on the wrist. If the cyclist had punched the driver through the window he'd have probably got a custodial, but drive your car at someone and it's a £100 fine. He got more for leaving the scene than for actually driving his car deliberately at the cyclist.

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Jo_ [21 posts] 1 year ago
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Hang on, how is driving a car at a cyclist "careless"? It's a deliberate act!

And this idiot wasn't given a ban. Brilliant. As you were.

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pmr [196 posts] 1 year ago
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This is basically assault

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colinth [191 posts] 1 year ago
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pmr wrote:

attacking with a car is at least as deadly as a knife or gun, so cant see why this isn't attempted murder, or GBH at least?
If he would have got out his car and hit the bloke with a baseball bat he'd have got a lot worst for doing identical damage. Crazy Laws, and a PATHETIC justice system we have in this country.
Waste of taxpayers money beyond belief.

I've often thought that if someone knocks me off I'm just going to get up and deck them, I'd get more satisfaction from that than seeing them get some pathetic fine

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Chuck [520 posts] 1 year ago
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Did he really not even get any points on his licence? If so that's unbelievable. He shouldn't even have a licence at this point, nor any prospect of getting one in the foreseeable future.

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farrell [1950 posts] 1 year ago
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Chuck wrote:

Did he really not even get any points on his licence? If so that's unbelievable. He shouldn't even have a licence at this point, nor any prospect of getting one in the foreseeable future.

They didn't give him any points for deliberately driving a large car at another human being with the intent to kill or injure them.

He was given 5 points for failing to stop at the scene.

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farrell [1950 posts] 1 year ago
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Quote:

Iam a self motivated individual, i pride myself on good social skills, being able to adapt to any situation and professionalism.

The mind boggles.

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Simmo72 [583 posts] 1 year ago
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Another punishment issued by Judge F*ckwit. This makes me furious.

38 degrees might be interested to get this going as a campaign to change the law.

Loss of license and jail time, its gbh with a car.

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mrmo [2013 posts] 1 year ago
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http://www.cps.gov.uk/legal/s_to_u/unduly_lenient_sentences/

I would suggest giving it a shot, but it will fail. The courts simply don't give a shit. The fact that attempted murder is treated at a magistrates level about sums it up.

I guess going round slashing tyres as self defence would get gaol time though!!

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racyrich [235 posts] 1 year ago
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Good job I don't live near Barnfield Ave, Kingston, or I'd be tempted to commit a crime late one night.

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pd500 [9 posts] 1 year ago
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A long ban followed by having to re-test surely?  14

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Dr_Lex [238 posts] 1 year ago
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racyrich wrote:

Good job I don't live near Barnfield Ave, Kingston, or I'd be tempted to commit a crime late one night.

And certainly not near 78, with an X-type estate outside on Google street view.

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Sudor [184 posts] 1 year ago
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If any case needs a review to uphold confidence in the Judiciary this is it.

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A V Lowe [567 posts] 1 year ago
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The sooner we revoke the special offences that apply only to those driving motor vehicles, the better.

Causing death by xxx driving should for every example be charged as manslaughter, unless intent can be proven, when the charge should be murder.

Using a car as a weapon should be charges as any other case of common assault - I wonder if this might be one worth pursuing, as the offender has not been charged with assault and it would appear to have all the required conditions to bring such a charge?

Worth remembering that those (few) cyclists who have killed pedestrians don't have these magic get-out options - they get charged with manslaughter (and also assault if they deliberately ride into someone)

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dp24 [201 posts] 1 year ago
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It's bad enough that this was only charged as DWDC in the first place, but the lack of endorsement for it - considering he pleaded not guilty - is utterly mind-boggling.

A complete clusterfuck from start to finish from those who are supposed to deliver 'justice'.

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TurboJoe [69 posts] 1 year ago
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I wonder if this is the same pr*ck who was deliberately swerving into the path of cyclists attempting to overtake him?

This happened to me (along with others) in Richmond Park a couple of years ago. The driver was in a convertible Jag behind another car. He kept doing it until there were at least 20 of us behind him. He finally overtook the car in front of him and tore off, one of the cyclists gave chase. I really hope he caught up with him.

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Rupert [188 posts] 1 year ago
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Hold on not banned from driving for at least a year?

No enforced anger management classes of the driver ?

No prison sentence ?

Not even community service ?

If I deliberately attack someone with a knife on the pavement because they are walking too slowly in front of me, but don't manage to puncture them with the knife but they still get pushed the to ground. Would I get off as lightly. I think I should don't you. ....... or maybe not.

He has been given 5 penalty points for DELIBERATELY knocking someone off their bike with his car. Surely Deliberately driving into someone should be a ban ?

Can anybody explain why he wasn't banned ? I don't get it.

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Jerm [39 posts] 1 year ago
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Just a few legal points.

Attempted murder requires an intention to kill. GBH requires serious bodily harm to caused. If there were no injuries, the highest level of charge would be common assault though technically an attempted GBH could be charged. However, it is difficult to prove that intent. Because someone deliberately knocks someone of their bike it doesn't necessary show an intention to cause serious injury or death. As we know from bitter experience, people including car drivers do not necessary think through the consequences of their actions and to prov such serious offences as GBH it would need to be shown beyond reasonable doubt what their intention was.

Points would be given on one offence only. Fail to stop carries 5-10. Due care carries 3-9.

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davkt [40 posts] 1 year ago
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Why wasn't he done for assault?

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notfastenough [3661 posts] 1 year ago
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The reluctance of the CPS to level appriopriately serious charges has often been lamented on here, but given that this was dealt with at magistrates, who prosecutes? Is it still the _Crown_ Prosecution Service, or is that just for cases that go to a Crown Court?

I ask because there is surely a clearly inappropriate charge here - prosecuting someone on due care and attention for a deliberate malicious act is just not accurate?

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dafyddp [322 posts] 1 year ago
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The MP for Richmond Park is Zac Goldsmith, a campaigner on environmental issues, apparently! Given the Conservative's nervousness at the moment, I'd suggest it's a good time to demand Mr Goldsmith looks into this further and takes positive action. If you are a constituent, please visit https://www.writetothem.com/
Not surprisingly, Mr Goldsmith is pretty active on Twitter so bringing the case to his attention via that channel is an option everyone can undertake.
https://twitter.com/ZacGoldsmith

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notfastenough [3661 posts] 1 year ago
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Rupert wrote:

Hold on not banned from driving for at least a year?

No enforced anger management classes of the driver ?

No prison sentence ?

Not even community service ?

If I deliberately attack someone with a knife on the pavement because they are walking too slowly in front of me, but don't manage to puncture them with the knife but they still get pushed the to ground. Would I get off as lightly. I think I should don't you. ....... or maybe not.

He has been given 5 penalty points for DELIBERATELY knocking someone off their bike with his car. Surely Deliberately driving into someone should be a ban ?

Can anybody explain why he wasn't banned ? I don't get it.

It's not even that good. He was given 5 points for failing to stop after an accident. He wasn't given any for knocking him off!

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oozaveared [933 posts] 1 year ago
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Just another case of lazy public sector CPS lawyers who get paid the same either way so they take the easy option. There's just no incentive for them to blot their copy book of easy wins on low grade charges by pushing for the proper charges and penalties.

Privatise the lazy buggers. Make the victim in cases like this the joint client and give them a say (legally guided) in the charge to be brought. I'd be spitting bullets if I was deliberately rammed with a car and the CPS said it was "careless driving". That is the wrong charge. The lazy, split the difference, no need to get excited, knock off at 5 charge.

Makes you want to puke.

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blablablacksheep20 [41 posts] 1 year ago
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i see this as a victory for cyclists, we can now punch people through windscreens and claim we were careless in our indicating....what could go wrong...

On a serious note, it just shows the the law is outdated and is very much in need of a overhaul.

The judge has a limit on what sentences he can appose so its not his fault.

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andybwhite [248 posts] 1 year ago
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 102 FFS

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oldstrath [494 posts] 1 year ago
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Jerm wrote:

Just a few legal points.

Attempted murder requires an intention to kill. GBH requires serious bodily harm to caused. If there were no injuries, the highest level of charge would be common assault though technically an attempted GBH could be charged. However, it is difficult to prove that intent. Because someone deliberately knocks someone of their bike it doesn't necessary show an intention to cause serious injury or death. As we know from bitter experience, people including car drivers do not necessary think through the consequences of their actions and to prov such serious offences as GBH it would need to be shown beyond reasonable doubt what their intention was.

Points would be given on one offence only. Fail to stop carries 5-10. Due care carries 3-9.

Really? You honestly believe that someone with enough intelligence to feed themselves cannot understand that driving a tonne of metal into an unprotected human will hurt them?

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oozaveared [933 posts] 1 year ago
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notfastenough wrote:
Rupert wrote:

Hold on not banned from driving for at least a year?

No enforced anger management classes of the driver ?

No prison sentence ?

Not even community service ?

If I deliberately attack someone with a knife on the pavement because they are walking too slowly in front of me, but don't manage to puncture them with the knife but they still get pushed the to ground. Would I get off as lightly. I think I should don't you. ....... or maybe not.

He has been given 5 penalty points for DELIBERATELY knocking someone off their bike with his car. Surely Deliberately driving into someone should be a ban ?

Can anybody explain why he wasn't banned ? I don't get it.

It's not even that good. He was given 5 points for failing to stop after an accident. He wasn't given any for knocking him off!

Because the CPS (see my post) only charged the driver with Careless Driving. The court can only sentence in line with that offence. The proper charge should be dangerous driving. You can get a ban for Careless at the extreme end and with loads of aggravating factors and harm. You should defintely be getting points. My guess is that the court viewed the swearing (cyclist at motorist) in a dim light and went easy on the driver.

It may also have been part of the reason why the CPS went for careless as it could look like a bit of six of one. I don't agree with that.

Genuine advice is don't swear or make rude gestures (even under provocation ) and get a helmet/bar cam.

Had this driver not driven off he probably would not have been charged. It would just have been one road users word against another as to who said what and did what.

That's the offence that the magistrates focused on.

Wrong but that's my guess on the CPS charge and magistrates view. ie six of one/ half a dozen of the other, aggressive cyclist ends up on their arse and agressive motorist drives off. Do him for driving off the rest is a murky mess to sort out wothout video or witnesses.

Wear a camera. No argument.

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giff77 [1191 posts] 1 year ago
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Jerm wrote:

Just a few legal points.

Attempted murder requires an intention to kill. GBH requires serious bodily harm to caused. If there were no injuries, the highest level of charge would be common assault though technically an attempted GBH could be charged. However, it is difficult to prove that intent. Because someone deliberately knocks someone of their bike it doesn't necessary show an intention to cause serious injury or death. As we know from bitter experience, people including car drivers do not necessary think through the consequences of their actions and to prov such serious offences as GBH it would need to be shown beyond reasonable doubt what their intention was.

Points would be given on one offence only. Fail to stop carries 5-10. Due care carries 3-9.

Anyone who uses their vehicle a a means to scare or harm a vulnerable road user fully knows what they are doing. I had some guy do it to me the other year and if I hadn't have been quick on my brakes I was toast. I've also experienced it when out walking and crossing a side street when a motorist has accelerated their car at me to make me run out of the way. A GBH charge is what is needed in this instance.

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giff77 [1191 posts] 1 year ago
0 likes
Jerm wrote:

Just a few legal points.

Attempted murder requires an intention to kill. GBH requires serious bodily harm to caused. If there were no injuries, the highest level of charge would be common assault though technically an attempted GBH could be charged. However, it is difficult to prove that intent. Because someone deliberately knocks someone of their bike it doesn't necessary show an intention to cause serious injury or death. As we know from bitter experience, people including car drivers do not necessary think through the consequences of their actions and to prov such serious offences as GBH it would need to be shown beyond reasonable doubt what their intention was.

Points would be given on one offence only. Fail to stop carries 5-10. Due care carries 3-9.

Anyone who uses their vehicle a a means to scare or harm a vulnerable road user fully knows what they are doing. I had some guy do it to me the other year and if I hadn't have been quick on my brakes I was toast. I've also experienced it when out walking and crossing a side street when a motorist has accelerated their car at me to make me run out of the way. A GBH charge is what is needed in this instance.

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