A London motorist who used her car “as a weapon” to ram a cyclist after he complained about her using a mobile phone while driving has been jailed for three years, reports the Evening Standard.
Cycle courier Damien Doughty, aged 38, was forced to turn to crowdfunding to be able to pay his rent after the road rage attack in Stoke Newington on 10 February 2016.
He spent two weeks in intensive care following the incident and has been unable to return to his job due to his injuries.
Wood Green Crown Court heard that 25-year-old Justine Henshaw-Bryan drove after the cyclist as he tried to evade her and ran him off the road into a tree.
He sustained broken ribs as well as a damaged liver as a result of her actions, which happened after he asked her to put her phone away and was told to “f*ck off.”
Sentencing the driver to three year’ imprisonment, Judge Gregory Perrins said: "This was not an accident caused by your reckless driving, it involved an attempt to run him over, effectively using your car as a weapon.
"It is not inconceivable that your deliberate actions could have killed him.
"This was a severe piece of dangerous driving, deliberately pursuing a cyclist and taking a conscious and calculated decision to ram him off the road."
The judge added: "Those who are unable to control their temper when driving and feel that cyclists are somehow fair game must understand the courts will deal with them seriously.”
Mr Doughty, who admitted having kicked the car’s wing mirror “in a moment of madness” said: "I remember the car rear-ending me, letting out a scream as I realised what was happening.
"I realised I had been hit, and within an instant I'm in a crumpled heap on the floor in extreme amounts of pain, fully aware that the car was long gone."
Initially, Henshaw-Bryan tried to pin the blame on her former boyfriend whom she claimed had grabbed the steering wheel, something he denied in court.
The driver, who is nearly three months’ pregnant, was a full-time carer to her mother, who is disabled.
She had pleaded not guilty to causing serious injury by dangerous driving, but was convicted by the jury.
As well as the three-year prison sentence, she was banned from driving for four-and-a-half years.
In mitigation, her defence barrister, David Rhodes, said: "Imprisonment is going to be a real deal for her mother, she needs her daughter for her daily basic care needs and is now going to have to make other arrangements.
"By her own foolish actions she has now put her mother in hardship."
Following sentencing, Mr Doughty said: “I hope it acts as a message to dangerous drivers. I recognise the same behaviour from drivers every single day.
“Drivers don’t understand how dangerous their behaviour can be on the road, you only realise it on a bike when there is nothing to protect you.
“So many people who are nice get into their cars and turn into absolute maniacs.”
Speaking about Ms Henshaw-Bryan, he said: “If it was up to me then she wouldn’t be allowed to drive again, absolutely not.
“If somebody abuses the power of driving a car it should be taken away from them.
“She used it as a weapon against me. If she had a gun licence but shot me that would be taken away forever as well," he added.
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Run along and have some herbal tea, son.
That was a bit too much 'them and us', Legs11. I'm a cyclist and also very much a motorist and not that long ago also a motorcyclist and even a pedestrian from time to time. I don't get in my car and suddenly hate cyclists because I'm not on one at that point in time. I can still recognise if a cyclist is being a knobhead as well though, they're not all saints with a working knowledge of the highway code and great road sense.
Yes, same for me, apart from the motorcyclist bit, but the thing is - you and I think that way because we are cyclists, motorists, pedestrians, and more or less reasonable people. The trouble is that there are some motorists out there who are not cyclists, not motorcyclists, may or may not be frequent pedestrians, and at times may not be reasonable when cyclists are involved. And yes, cyclists may at times be knobheads, but refraining from being a knobhead is not enough to ensure protection against unreasonable motorists.
Sat here commenting, I know you're (mostly) right, but it doesn't feel that way when someone happily shoves you out of the way "because they're in a hurry", or when someone pretends to have looked carefully but failed to see a 6' 3" bloke dressed as an extra from a banana advert.
What I really fail to understand are the comments which attempt to explain this nutter's behaviour "because he kicked her wing mirror ". Sure, I wouldn't have, because I'm an old coward. But surely someone who gets worked up enough to attempt murder over a few quid of damage other car is sufficiently insane she should never drive again.
My kinda guy. Few more like Legs_Eleven and we'll start a revolution
ditto
some very salient points IMHO
In its defence, BBC Sussex is doing nothing more and nothing less than to reflect the prevailing mood in the UK. Hatred has gone mainstream. It is forbidden to hate - or rather, to express hatred - towards people based on their colour, their religion or their sex. But cyclists? That's OK. Everyone hates cyclists.
Mick Mason's killer wasn't even troubled with prosecution until cycling groups stepped in. Shanique Syrena Pearson could not fathom why she was in court. And Justine Henshaw-Bryan will in all probability appeal and have her sentence reduced - if not quashed entirely.
It's all part of the 'war' that the media loves talking about.
But it's not much of a 'war' is it? Let us leave aside for the moment the one-sided nature of any such 'war' between a 100 kg vehicle travelling at 10 mph and another weighing up to 3000 kg and travelling at 60 mph. Such disparity in mass and kinetic energy makes this 'war' decidedly one-sided. The car driver has the advantage in terms of brute force, and there is little that the cyclist can do, as long as the former does not step out of his protective steel cage.
The 'war' then, is real but for the moment is more of a sustained campaign of assault and murder. Emboldened by a right-wing media witch hunt against the cyclist - portrayed as the embodiment of evil on the roads - and by the police, CPS and courts who systematically minimize driver responsibility in collisions - when they are not absolving them completely - the car driver has understood the message that it's open season on the cyclist. That it's OK to hate cyclists, and that if you kill one or seriously injure one, then well, that's OK because ‘shit happens’. The cyclist is dirt, and he should not be on the roads for which motorists pay through the nose via 'road tax'.
The fact that 'road tax' was abolished in 1937 and that its replacement 'Vehicle Excise Duty' is calculated on the basis of emissions and that many smaller cars (petrol and electric) are thus exempt, does not enter into the road tax warrior's thinking. The roads are his, and cyclists should not be on them.
Nor is the vitriol reserved for cyclists who dare to use the road: cycle on the road and you will hear ‘Get on the facking pavement!’. Cycle on the pavement and you will hear ‘Get on the facking road!’. And therein lies the hypocrisy. Cyclists in 21st century Britain are persona non grata everywhere. Pedestrians don’t really want cyclists to be on the road, and drivers don’t really want cyclists to be on the pavement. They just want us gone, and whether that means transported to a distant galaxy or simply dead, is neither here nor there.
The cyclist is seen as member of an outgroup in a world where car driving is normalized. The cyclist is a recalcitrant child who uses a child's toy to make his way around in an adult world filled with motor cars. The cyclist places himself and others in danger due to his insistence on using this children's toy, and as such, the adults in motor cars have a right and a duty to intervene to punish the child for his transgressions.
A one-sided 'war', then, and one in which the victims of intentional vehicular violence are almost exclusively cyclists.
The rancid bile and hysterical loathing directed at cyclists is out of all proportion to the danger posed by this otherwise entirely innocuous form of transport. Whereas over fifteen hundred people were killed in road traffic accidents in 2013, almost a quarter of a million injured and tens of thousands more killed through respiratory diseases linked to motor vehicle exhaust pollution or through sheer blunt force trauma, the figures for those killed or injured by cyclists is tiny: of the order of one per year. It is undeniable that some cyclists flout the law and that these people are a nuisance, but compared to the slaughter and maiming of vast swathes of the English population every year at the hands of motorists, outlaw cyclists are - in the main - a danger to themselves. Yet whilst the random-yet-systematic slaughter of people by the various classes of motor car go largely unreported by the mass media, a cyclist who inflicts so much as a skint knee is hounded in the media and regarded as a pariah.
The hatred directed at cyclists as members of a minority outgroup has nothing whatsoever to do with the way they behave on the road. Even if no cyclist ever ran a red light or rode on the pavement, this would not diminish in any way the sociopathic vitriol aimed at them from the media, politicians, the public on social media and the white van man on the Clapham Omnibus. Anti-cyclist rhetoric flows from the same poisonous source as racism, as anti-Semitism and as homophobia. It is not based in reason, and it is therefore - by definition - immune to reason, just as it is immune to logic, education or persuasion.
That hating cyclists is now so socially acceptable and so widely expressed, means that it is surprising that no prosecutions for murder or manslaughter of cyclists have occurred, because it is almost certain that some of the recent cases of cyclists being hit 'by accident' have in fact been deliberate close passes ('punishment passes' in the jargon of the cyclist - a pass deliberately designed to frighten and punish the cyclist for daring to take up carriageway real estate bought for motorists and paid for by 'road tax') gone wrong.
For how much longer does the civil power believe that cyclists will suffer this? How much longer do cyclists have to endure being the public whipping boy, scapegoat and punchbag, blamed for all of society's ills and considered as fair game for whenever frustration at traffic congestion boils over? What do they think will happen when the penny finally – finally! - drops and people realize that no one gives a flying shit about them?
Sooner or later, cyclists will be faced with a decision. To continue to
bend the knee and lower one's gaze when the car-driving overlord passes.
Or to strike back. The bigots (and their enablers in the right-wing media
like the Daily Mail, the Telegraph, the Sun and the Evening Standard)
really need to learn that actions have consequences. A failure to
prosecute a killer should result in the killer turning up dead in a ditch.
Cycle hatred articles in the press should see the 'journalist' found in his
bed, bludgeoned to death. The 'price' of not carrying out this 'citizen
justice' will be for every attempt to hit a cyclist to be treated as
'attempted murder'. For every close pass to result in a ban and
confiscation of the vehicle. For every accident involving a car and a
bicyle to be treated as deliberate, unless the driver produces cast-iron
evidence to the contrary. For every instance of using a mobile telephone
at the wheel to result in a lifetime ban unless the driver can prove that
his or someone else's life was in mortal danger and that the only way to
save life was to use the telephone. For the repeal of sections 2 and 3 of
the Road Traffic Act 1988 and their replacement with law better suited to
rein in the vicious, unrepetant, irredeemable, self-entitled fucking animals who slaughter fifteen hundred people every year and maim hundreds of thousands more just so they can get to where they're going fifteen seconds earlier.
Terrorism? What do you call the savagery to which we're subjected every time we dare to cycle on the roads?
When this happens, the state will also have to make a choice as to which side it supports. Considering the impunity which has been granted to the motor vehicle user over the past twenty years, it is not difficult to guess which way that decision will go. And then when car, van and lorry drivers start getting broken noses, black eyes and smashed cheekbones, and when we are treated to the unedifying sight of the establishment going ballistic, hysterically beating their chest, tearing their clothes, pulling their hair and screaming about 'the rule of law', perhaps someone should calmly remind them: ‘you were warned’. i
In short, I've fucking had enough. They want a war? Fine. Let's give them one.
A Cyclist.
next to the 'like' button there should be a 'knobhead' button.
Whoa. I generally agree with what you're saying but still: whoa...
The comments on her FB page are hilarious!
I'm guessing she won't be using it for a while, though...
https://www.facebook.com/jhenshawbryan
yeah the world will be a better place without her about for 3 years
Kelly Kapow has put a bit of effort into it !!
A not uncommon tactic. I'm amazed the judge has jailed her, expect an appeal as the sentence is pretty exceptional.
That really would be taking the piss. So some weasel will doubtless try it. Is jailing someone for 18 months for what was, in reality if not in lawyer-land, attempted murder really exceptionally long?
The Guardian report does say that she is pregnant.
In the second paragraph it now says,
Damien Doughty suffered serious injuries after the incident in north London in February last year. Justine Henshaw-Bryan, who is now pregnant and due to give birth in November, claimed her boyfriend had grabbed the wheel.
I went over it twice early this morning and didn't see that. Maybe the sub added it. Either way Duncann cleared it up earlier and it looks like a callous attempt to use a baby as a shield.
I don't believe the boyfriend grabbed the wheel.
If he had, so what, she could have braked, she didn't brake.
I don't buy it, neither did the jury.
I absolutely believe she became pregnant as a way to minimise her jail time.
I am confident this lady is not an upstanding member of the community.
I actually think the sentencing was fairly on the money in this situation... not taking into account that the baby will help her see early release.
Just thinking about this a bit more, I'm with you on this...
Did the boyfriend force her to follow the cyclist so closely (notice the van backed-up and followed, so she'd obviously been worrying him like a sheepdog before the turn), did he also force her to turn into the side street, again, right up the cyclist's saddle.
Grabbing the wheel doesn't effect the pedals!
Whether he grabbed the wheel or not probably can't be proven but it's irrelevant and very hard to believe that he did given her other actions/inactions.
Reading some of the news reports regarding this, (most reporting where she'd told the court that her boyfriend had grabbed the wheel) it seems as though she was not insured to be driving the car (and neither was the boyfriend) but this doesn't seem to have been taken into account, while it's good to see more serious sentencing than often is the case for cases like this, it was certainly more serious than an accidental lapse in judgement or concentration, which while also very serious, are very different to making a clear attempt to injur someone with the vehicle. If she'd done the same to a pedestrian then I'm pretty sure the sentence would have been higher.
It is scary to think of the "what-ifs" with this case
- what if there had been no CCTV evidence?
- what if the cyclist had been killed?
She is one of the few motorists to be recorded committing what we know to be an all too frequent offence. A reminder to us all to switch on the rear facing camera.
Wooow, what a triumph for society - the supposed boyfriend, who has previous charges for assault, forced her to ram a car, which is insured on for his ex to drive, into a cyclist because he got enraged about someone reacting to misuse and misbehaviour at the wheel? And this is the story as it unfolds..
What's really depressing is that if she'd killed him she would have got far less.
"It is not inconceivable that your deliberate actions could have killed him." it would appear that she almost damnwell did.
The judge added: "Those who are unable to control their temper when driving and feel that cyclists are somehow fair game must understand the courts will deal with them seriously.” Not seriously enough though, eh?
And at three months pregnant she's unlikely to spend much, if any, of that sentence in jail. Hard to fathom why she hasn't received a lifetime ban from driving.
She's not all bad. She showed consideration for other road users by indicating to move out right again after hitting the cyclist. Heart of gold.
'she tried to kill someone in revenge for trivial damage to her box.'
wait, what? Where's the reporting of the assault on her twinkle? It only mentions a wing mirror.
Burn the Witch!
A touch extreme, though the viewing figures would probably be good. It would, though, short of burning her, be nice to see the punshment reflect better the fact that she tried to kill someone in revenge for trivial damage to her box.
I understand the anger, but a slow agonising punishment I think does far greater damage and revenge.. Pity this legal system is the biggest criminal of all, otherwise she would be in a cell for a long, long time...
Also, there's been a lot of discussion of the distinction between careless and dangerous driving, but surely a line has been crossed when it's so clearly a deliberate action, that means it should go beyond a motoring offence. As others have asked, if she had got out of her car and caused the same injuries to the cyclist by hitting him with a cricket bat, what would the sentence have been?
While I'm glad that the sentence is closer to being appropriate than a lot we've seen, and thank the judge for that, I'm slightly troubled by this:
It sounds rather like they almost did kill him, and something like "Your deliberate actions could reasonably have been expected to kill him" and a sentencing appropriate to that would have sent a stronger message.
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