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Three years in jail for London driver who used car “as a weapon” against cyclist +video

"It is not inconceivable that your deliberate actions could have killed him," says judge as he passed sentence...

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.

Damien Doughty.jpeg

"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.

Simon joined road.cc as news editor in 2009 and is now the site’s community editor, acting as a link between the team producing the content and our readers. A law and languages graduate, published translator and former retail analyst, he has reported on issues as diverse as cycling-related court cases, anti-doping investigations, the latest developments in the bike industry and the sport’s biggest races. Now back in London full-time after 15 years living in Oxford and Cambridge, he loves cycling along the Thames but misses having his former riding buddy, Elodie the miniature schnauzer, in the basket in front of him.

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55 comments

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tritecommentbot | 6 years ago
4 likes

Interesting that news sites like the Graun are not reporting that she's pregnant. Did she try to get pregnant after the incident, as a way to use it in court? Wouldn't surprise me at all. But can't find anything on it.

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Dnnnnnn replied to tritecommentbot | 6 years ago
6 likes

unconstituted wrote:

Interesting that news sites like the Graun are not reporting that she's pregnant. Did she try to get pregnant after the incident, as a way to use it in court? Wouldn't surprise me at all. But can't find anything on it.

The crime took place 15 months ago. Looks like she got pregnant in the full knowledge that she was facing serious criminal charges. Wonder why?

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Yorkshire wallet replied to Dnnnnnn | 6 years ago
9 likes

Duncann wrote:

 

The crime took place 15 months ago. Looks like she got pregnant in the full knowledge that she was facing serious criminal charges. Wonder why?

Because she found love with the man of her dreams and wanted to live a virtuous life, raising her child to her own high moral standards (whilst caring for disabled mother). God bless her.

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ChrisB200SX replied to tritecommentbot | 6 years ago
0 likes

unconstituted wrote:

Interesting that news sites like the Graun are not reporting that she's pregnant. Did she try to get pregnant after the incident, as a way to use it in court? Wouldn't surprise me at all. But can't find anything on it.

And I thought I was cynical! Admittedly, she seems the type.

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ajd | 6 years ago
13 likes

She tried every trick in the book to get off - boyfriend did it, can't go to jail as I look after my mum.

Gotta say fair play to the judge.

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turboprannet | 6 years ago
9 likes

“So many people who are nice get into their cars and turn into absolute maniacs.”

 

Nope. They're not nice people who are turned bad by getting behind the wheel. They are not nice people, full stop. 

They're untrustworthy and should not be allowed to drive again. The whole system of driving works on trust. You trust someone who passed a test will drive safely near you and will not endanger themselves or others. You trust they're going to pay attention to what's happening and you trust they'll react appropriately to whatever happens to or near them. 

If they can become a "maniac" then there's no bond of trust that can be made.

Avatar
gcommie | 6 years ago
5 likes

How is it the driver only got a four-and-a-half year ban, and not a lifetime ban? Sick to death of drivers using their vehicles as a weapon only to be banned for a negligable amount of time. Time a lifetime mandatory ban was introduced if a driver uses their vehicle as an offensive weapon. As the parlimentary petition web site is down due to the election I've started a petition on the 38 Degrees site. Sign if you support the idea:

https://you.38degrees.org.uk/petitions/life-time-driving-ban

Update: A number of people have of signed the petition, thanks. But will many more to make this idea a reality. Please do sign if you support the idea. TIA.

Avatar
tritecommentbot replied to gcommie | 6 years ago
1 like

gcommie wrote:

How is it the driver only got a four-and-a-half year ban, and not a lifetime ban? Sick to death of drivers using their vehicles as a weapon only to be banned for a negligable amount of time. Time a lifetime mandatory ban was introduced if a driver uses their vehicle as an offensive weapon. As the parlimentary petition web site is down due to the election I've started a petition on the 38 Degrees site. Sign if you support the idea:

https://you.38degrees.org.uk/petitions/life-time-driving-ban

Update: A number of people have of signed the petition, thanks. But will many more to make this idea a reality. Please do sign if you support the idea. TIA.

 

Signed. Maybe it'll get some media exposure if it gets enough votes.

Avatar
peted76 replied to gcommie | 6 years ago
0 likes

gcommie wrote:

How is it the driver only got a four-and-a-half year ban, and not a lifetime ban? Sick to death of drivers using their vehicles as a weapon only to be banned for a negligable amount of time. Time a lifetime mandatory ban was introduced if a driver uses their vehicle as an offensive weapon. As the parlimentary petition web site is down due to the election I've started a petition on the 38 Degrees site. Sign if you support the idea:

https://you.38degrees.org.uk/petitions/life-time-driving-ban

Update: A number of people have of signed the petition, thanks. But will many more to make this idea a reality. Please do sign if you support the idea. TIA.

Signed. Pass it on.

Avatar
Alessandro replied to peted76 | 6 years ago
0 likes

peted76 wrote:

gcommie wrote:

How is it the driver only got a four-and-a-half year ban, and not a lifetime ban? Sick to death of drivers using their vehicles as a weapon only to be banned for a negligable amount of time. Time a lifetime mandatory ban was introduced if a driver uses their vehicle as an offensive weapon. As the parlimentary petition web site is down due to the election I've started a petition on the 38 Degrees site. Sign if you support the idea:

https://you.38degrees.org.uk/petitions/life-time-driving-ban

Update: A number of people have of signed the petition, thanks. But will many more to make this idea a reality. Please do sign if you support the idea. TIA.

Signed. Pass it on.

Snap.

Avatar
Hoffmonkey replied to gcommie | 6 years ago
0 likes

gcommie wrote:

How is it the driver only got a four-and-a-half year ban, and not a lifetime ban? Sick to death of drivers using their vehicles as a weapon only to be banned for a negligable amount of time. Time a lifetime mandatory ban was introduced if a driver uses their vehicle as an offensive weapon. As the parlimentary petition web site is down due to the election I've started a petition on the 38 Degrees site. Sign if you support the idea:

https://you.38degrees.org.uk/petitions/life-time-driving-ban

Update: A number of people have of signed the petition, thanks. But will many more to make this idea a reality. Please do sign if you support the idea. TIA.

Shared on facebook.

 

This happens all too often - I shared this  experience of my own on facebook the other day: 

https://www.facebook.com/hazellhoff/posts/10158601386770697?pnref=story

 

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Stueys | 6 years ago
5 likes

Just watched the video, how is that not attempted murder??

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john1967 replied to Stueys | 6 years ago
10 likes
Stueys wrote:

Just watched the video, how is that not attempted murder??

Because it was a cyclist. If it had been a police officer ??

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Gourmet Shot | 6 years ago
3 likes

Holy crap the video is horrendous....that should be attempted murder end of

and the picture in the mirror shows her holding her fcking phone !!!

http://www.mirror.co.uk/news/uk-news/mum-who-drove-cyclist-sent-10388204

 

 

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balmybaldwin | 6 years ago
5 likes

What a lovely legacy this charming lady has left her unborn child:

Q - Where were you born?
A - HMP Send

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john1967 | 6 years ago
14 likes

I was going to post something about angery drivers and being carefull out there but i just watched the cctv footage........

 

ROT IN HELL YOU PSYCHO BITCH....

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brooksby | 6 years ago
4 likes

Another point: I notice that  the jury In this case- which was on CCTV - took over three *hours* to find the driver guilty.

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tweekysenior replied to brooksby | 6 years ago
9 likes
brooksby wrote:

Another point: I notice that  the jury In this case- which was on CCTV - took over three *hours* to find the driver guilty.

Whilst the evidence was compelling jury's should always take time to consider. As long as the correct verdict is reached then the time to reach it is irrelevant. Nobody should ever rush through a conclusion.

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brooksby replied to tweekysenior | 6 years ago
4 likes

tweekysenior wrote:
brooksby wrote:

Another point: I notice that  the jury In this case- which was on CCTV - took over three *hours* to find the driver guilty.

Whilst the evidence was compelling jury's should always take time to consider. As long as the correct verdict is reached then the time to reach it is irrelevant. Nobody should ever rush through a conclusion.

*Cough* Gail Purcell! *cough* Michael Mason case *cough*

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PaulBox replied to brooksby | 6 years ago
6 likes

brooksby wrote:

Another point: I notice that  the jury In this case- which was on CCTV - took over three *hours* to find the driver guilty.

I've only done jury duty once (thank god!), and was stuck on a 4 week long case. When we went to deliberate we could have returned a verdict inside of 15 minutes as we all agreed immediately. But we were all a but embarrased to do that so dragged it out for a few hours.

We had a bite to eat, a few fag breaks and did spend some time talking about what a shite job the prosecution had done...

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Metaphor | 6 years ago
10 likes

When will the (former) Vidette employee also be charged for attempted murder? His identity is known (he has been subject to a dismissal) and the footage is clear.

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CXR94Di2 replied to Metaphor | 6 years ago
2 likes
Ramuz wrote:

When will the (former) Vidette employee also be charged for attempted murder? His identity is known (he has been subject to a dismissal) and the footage is clear.

Has a complaint been made to the local police and linking the video and the comments from the owner of the business. He would be obliged to supply identity to police officers. They then could charge him.

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brooksby | 6 years ago
9 likes

I know that this was written on the forum topic about this but it bears repeating: how is this "dangerous driving" and not some sort of "assault with a tonne of motor vehicle"? I'm glad the judge saw sense on the sentencing.

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ooldbaker replied to brooksby | 6 years ago
5 likes

brooksby wrote:

I know that this was written on the forum topic about this but it bears repeating: how is this "dangerous driving" and not some sort of "assault with a tonne of motor vehicle"? I'm glad the judge saw sense on the sentencing.

One advantage of being found guilty of a traffic offence rather than a general assault is that she can be banned as well as locked up.

Should have been for life rather than 4 1/2 years but better than nothing.

Avatar
kamoshika replied to ooldbaker | 6 years ago
2 likes
ooldbaker wrote:

One advantage of being found guilty of a traffic offence rather than a general assault is that she can be banned as well as locked up.

Surely she could be charged with assault and still be banned from driving? If someone committed a murder with a legally owned gun they'd be banned from owning guns as well as punished for the offence.

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