York Crown Court overturns 12-month ban but rejects appeal on assault conviction

A pensioner convicted of assaulting a cyclist and banned from driving or 12 months has been given his driving licence back after appealing the decision to the it away from him.

Brian Macdonald, aged 77, was found guilty last month at Scarborough Magistrates’ Court of assaulting the 26-year-old cyclist, who had reportedly annoyed him by going the wrong side of a traffic island.

> 77 year old driver rains punches on cyclist who went wrong way round bollard

He was banned from driving for 12 months, fined £220 and told to pay £150 in compensation to the cyclist as well as court costs of £85.

At the original trial, magistrates were told by prosecutor Katy Varlow: “With a long queue of traffic behind him, Macdonald nudged forward until the victim was slightly under the car.

“Macdonald then got out of his vehicle, which was also carrying his wife, and started repeatedly punching the cyclist.”

Ms Varlow added that the cyclist, who was punched eight or nine times, did not hit back but tried unsuccessfully to grab the keys from the vehicle, an action that prompted more punches from Macdonald.

Another driver intervened to separate the pair.

Allowing an appeal at York Crown Court against the driving ban and the compensation order, Recorder Eric Duff said that Macdonald’s actions were due to the stress brought on by the incident, reports Scarborough News.

The appeal against the conviction and fine for assault and award of costs were rejected.

Born in Scotland, Simon moved to London aged seven and now lives in the Oxfordshire Cotswolds with his miniature schnauzer, Elodie. He fell in love with cycling one Saturday morning in 1994 while living in Italy when Milan-San Remo went past his front door. A daily cycle commuter in London back before riding to work started to boom, he's been news editor at road.cc since 2009. Handily for work, he speaks French and Italian. He doesn't get to ride his Colnago as often as he'd like, and freely admits he's much more adept at cooking than fettling with bikes.