A driver has been handed a suspended sentence after he deliberately ran down a cyclist near Plymouth. Paul Nodder, aged 37, chased and knocked over Jeff Stevenson after the cyclist remonstrated with him for driving with his head down.
The Plymouth Herald reports that Stevenson was cycling home from work along an unclassified road between Holbeton and Noss Mayo on June 26 last year when he encountered Nodder heading in the opposite direction, driving in the middle of the road.
“The defendant had his head down and was not looking where he was going,” said Nigel Hall, for the Crown Prosecution Service.
Nodder was said to have swerved violently back to the left when Stevenson urged him to get over, but after the two had passed, he turned round and deliberately drove into the cyclist, who was riding a £5,000 bike. GPS data showed the cyclist’s speed went from 22.7mph to zero at the moment of impact.
Stevenson was taken to Derriford Hospital with grazing and cuts and bruising and was off work for several days.
A witness described Nodder’s BMW coming from behind and knocking Stevenson into the air.
Judge James Townsend said: “This was a quite deliberate bad piece of driving committed on a cyclist, a vulnerable road user. He was put at substantial risk of being very seriously injured or worse. “t was perhaps miraculous that he survived with nasty but not severe injuries.”
Michael Green, defending, said Nodder suffered from learning difficulties, anxiety disorder and obsessive compulsive disorder and had suffered a breakdown several years ago.
He added: “He feels terrible for the injuries he has caused. He will commit to any suspended sentence fully.”
Nodder had a previous conviction and ban for driving without due care and attention in 2014.
He admitted dangerous driving and leaving the scene.
Judge Townsend handed Nodder an eight-month prison sentence, suspended for 18 months, with 80 hours unpaid work and an 18-month driving ban.
Townsend explained that the lack of a serious previous conviction was one reason why he did not impose a prison sentence, the other being that Nodder suffered “particular difficulties which would make a prison sentence particularly difficult” for him.
44 thoughts on “Suspended sentence for motorist who doubled back to deliberately drive into cyclist”
Ridiculous sentencing, a
Ridiculous sentencing, a deliberate act that could have easily had a far worse outcome. To show leniency because prison would be difficult for him is bonkers, if you are fit enough to drive then you’re fit enough to face consequences of your actions.
Basically attempted murder
Basically attempted murder and no jail time.
Driver should never be allowed on the roads again given his “problems” and previous ban.
“This was a quite deliberate
“This was a quite deliberate bad piece of driving” …in much the same way that stabbing someone to death with a knife is a deliberate bad piece of cooking.
It was a concious decision to use the equipment to hand to cause harm to another person. The type of equipment used simply should not come into it – execpt to worsen the possible sentence when that equipment could kill easily (I’d reduce/suspend the sentence if the equipment used was something akin to a bunch of daffodils…)
What a shambles out justice system is choosing to be!
OK guys, it’s open season on
OK guys, it’s open season on cyclists. You can drive into them with malicious intent and still get a slap on the wrist, if you get caught at all that is, and if the police bother to take it to the CPS, and if the jury finds you guilty, because, let’s face it, who hasn’t wanted to run down one of these pesky cyclists?
Why was he only charged with dangerous driving and leaving the scene? He should have been charged with assault and actual bodily harm at the very least, which is what would have happened if he’d used a gun or a knife. Our legal system isn’t just broken, it is totally fucked, sorry about the language but I am utterly incensed.
“Michael Green, defending, said Nodder suffered from learning difficulties, anxiety disorder and obsessive compulsive disorder and had suffered a breakdown several years ago.”
So what the fuck was he doing driving if he wasn’t capable of controlling himself and driving safely? And was any of this mitigation actually tested in court, or did they just take it as read?
I wonder what would happen to a cyclist who was shouted at by a pedestrian and then went back to ride into them? They’d have the book thrown at them and would get a substantial prison sentence.
This charging and sentencing is an insult to all of us, and an invitation to drivers to mow us down.
If anyone wants to crowdfund
If anyone wants to crowdfund to pursue a private prosecution for ABH or assault for this case, put me in for a fiver.
Also, can someone with a legal background please explain why this is not a crime against the person? How can a pre-meditated, deliberate and conscious decision to ram 2 tonnes of metal into another human being NOT a crime against the person offense?
the little onion wrote:
I’ll put more than a fiver in, this sentencing is farcical. Aren’t there sentancing guidelines? And if there are then surely they haven’t been followed. And if there aren’t sentancing guidelines then why not?
kie7077 wrote:
Same here, but could the CDF help appeal this farcical sentence?
https://www.cyclistsdefencefund.org.uk/
This stuff is starting to
This stuff is starting to make me feel really aggressive. I need a cup of tea and a biscuit to calm me down.
Is it not possible to get these cases back into court to get a more appropriate sentence? Surely the cycling community has a lawyer in its midst who would have the necessary motivation to push for a harsher sentence. The cycling community could, via crowdfunding, finance the case. I’m just relishing the fantasy of the perpetrators distress at having to fund his defence.
I was going to compare it to
I was going to compare it to the zombie-knife guy, but _if_ the medical evidence is true and not exageratted, then I accept there is an argument for not sending him to prison. Prison is probably hellish for those particularly vulnerable.
On the other hand, why was/is he allowed to drive, when he clealry isn’t mentally suited for it? An 18-month ban doesn’t seem sufficient as I don’t see his issues will magically go away in that time.
FluffyKittenofTindalos wrote:
Exactly. I can (sort of) see the argument about not sending someone with these issues to prison if at all possible. But (and it’s a big but) why allow them to ever drive again? They clearly have, being generous, impulse control issues. I would say that it is very much in the public interest not to allow them to drive any motor vehicle ever again…
brooksby wrote:
This ^^^, both of these ^^^
FluffyKittenofTindalos wrote:
So there’s no consequences for his actions and he can do what he likes then?
Bleeding heart liberal.
Some weeks back there was a
Some weeks back there was a debate about the morality of dropping paving slabs on passing motorists in retaliation for cyclist fatalities. Maybe we should resurect that discussion, specifically the moral arguments for and against dropping paving slabs on members of the judiciary in retaliation for sentencing decisions such as this.
“Judge James Townsend said:
“Judge James Townsend said: “This was a quite deliberate bad piece of driving committed on a cyclist”
No, no it wasn’t it was premeditated attack with a deadly weapon.
Judge Townsend needs
Judge Townsend needs suspension off the bench, after spending some time as a cyclist.
Michael Green, defending,
Michael Green, defending, said Nodder suffered from learning difficulties, anxiety disorder and obsessive compulsive disorder and had suffered a breakdown several years ago.
Typical BMW driver then.
How is this different to the
How is this different to the Gravesend nightclub attack?
https://www.kentonline.co.uk/gravesend/news/nightclub-attack-driver-jailed-for-28-years-196719/
It’s pre-meditated and deliberate
“The intent to kill here is obvious. Why else deliberately drive at speed into a group of defenseless people offering no threat at all? In reality, the defendant could have had no other intention whatsoever.”
I’m with the Croydon zombie knife guy on this one.
If the cyclist has turn round
If the cyclist has turn round and follow the driver and attacked him with his dlock I wonder what the charge would have been. Careless cycling ?
It should have been treated
It should have been treated as assault and maybe also as a hate crime. If another driver had “urged him to get over” onto the correct side of the road, he’d never have turned around to teach them a lesson. It was because the other guy was a cyclist that he felt the rage and sense of entitlement to attack a member of an outgroup. But regardless of specifics, a lifetime driving ban would have been more than appropriate.
Soooo, he got off because of
Soooo, he got off because of a lack of a previous “serious” conviction. So, this time they give him a conviction that’s not serious. Hmm.
But he was “smartly dressed”, that must be how 007 gets away with it… if it were not for the fact I’ve never seen someone so out-of-place in a suit as Nodder (pics on the Plymouth news article).
I have been saying for a
I have been saying for a while that i truly believe it is almost legal to kill cyclists.This does nothing to make me suspend that belief. Take care.
A juror was quoted as saying,
A juror was quoted as saying, “He spent five grand on a toy? There’s only one thing worse than a cyclist, and that’s a rich cyclist.”
As Alan Partridge once said
As Alan Partridge once said “you’re a big spastic and a mentalist”.
Wtf are these people doing on the roads.
Surley the driver is
Surley the driver is suffering from one or a number of notifiable illnesses that the DVLA should be told about?
https://www.gov.uk/health-conditions-and-driving
His illnesses were bad enough to be used in mitigation for his actions.
Why on earth has he received a short term ban and not given up his licence?
Of all the ridiculous court
Of all the ridiculous court rulings I have seen regarding dangerous driving and injured cyclists, this is one of the most disturbing.
Sentencing guidelines are
Sentencing guidelines are available – google UK sentencing guidelines dangerous driving – not that easy to follow and show how complex the role of Judges and Magistrates is…problem with this case is that the sentence fits the guidelines. ..only debatable point is that the driver had a prior conviction resulting in a driving ban that the Judge seems to consider minor and mitigating when should be treated as aggravating
The problem with this case is that the charge doesn’t reflect the intent of the driver which was to harm and injure the cyclist – charge should have been assault of some sort – using road offence law when drivers have malicious intent and are choosing (through anger) to use a vehicle as a weapon is wrong and the law needs changing to cover this if the prosecution service can’t see how to pursue these cases to conviction
As to the outcome of this case possibly prison isn’t the solution but the light sentencing sends the message that you can deliberately use a vehicle to cause harm, have the victim get “lucky” and then suffer very limited consequences… business as usual
The Plymouth Live article
The Plymouth Live article says that he was “smart suited” but I’ve never seen anyone less smart in a suit.
I’m rather doubtful about his claims to have learning difficulties and other problems, as his fb page shows that he studied “Studied Electrical and Mechanical Engineering & information technology” and owned and ran several stores. Lots of pix of him and his mates with fast cars, but nothing about this case. Interesting pic of him on July 22, less than a month after he tried to kill the cyclist.
https://www.facebook.com/Mega.Paul
burtthebike wrote:
The cyclist ‘disrepected’ him then.
Reading these posts makes my blood boil, he clearly deliberately set out to severely injure or kill another person and effectively gets off scott free.
He seems to have a thing for
He seems to have a thing for number plates with 666 in them. Best give any chavv’d up old banger matching that description a wide berth…
HoarseMann wrote:
Wouldn’t it be a shame if someone found out where he lived and trashed his car? A real shame.
If they have any expenses, paint stripper, axe, stanley knife etc, I’d be happy to make a contribution. Purely theoretically of course.
burtthebike wrote:
Wouldn’t it be a shame if someone found out where he lived and trashed his car? A real shame.
If they have any expenses, paint stripper, axe, stanley knife etc, I’d be happy to make a contribution. Purely theoretically of course.— HoarseMann
It gives his address in the Plymouth herald article. I think his car has been seized (and crushed hopefully) by the authorities, so no need for vigilante action.
As he’s been banned from driving, I wonder if his suspended sentence would be invoked if he was caught behind the wheel. Maybe any bikers local to the area could keep a look out and report him if he ignores his driving ban?
And in somewhat similar
And in somewhat similar circumstances, a driver who knocked down two pedestrians gets 9 years and 9 months. Disqualified for five years and has to take extended retest. Justice: if anyone sees it around anywhere could they return it to whoever is in charge of the legal system please?
https://www.cheshire-live.co.uk/news/chester-cheshire-news/jail-female-driver-who-mowed-15782750
burtthebike wrote:
That’s the sort of length of sentence that should have been applied in this case. Surely there’s grounds to appeal against the leniency?
HoarseMann wrote:
that person appears to have been charged correctly by the cps with grievous bodily harm. Fuck know why this was just a driving offence.
Housecathst wrote:
Good point. In cases like this, surely a charge relating to the driving offences AND the intent to cause GBH could be brought? Maybe this is still possible?
HoarseMann wrote:
5 years and extended retest? Beyond belief, why can’t we have life bans as we do for firearms offences? Or ffs even cruelty to animals.
The whole legal system relating to driving is flawed, there is no other activity where you can repeatedly break the law and get multiple “Get out of Jail Free” cards.
kil0ran wrote:
At the risk of repeating myself, this was what the 2014 review of road traffic law was supposed to be about, but the only thing they’ve done is introduce a new offence of causing death by dangerous cycling.
Simply unbelievable, but it
Simply unbelievable, but it has got to the stage were it is expected. As mentioned before social media is so full of anti cycling sentiment that I don’t think a cyclists has any chance of getting justice. I wonder if the London Bridge attackers would have been sent on there way if they had said they were only trying to teach some cyclist a lesson. We need to do something to stop this, but what?
https://www.plaintiffmagazine
https://www.plaintiffmagazine.com/item/bike-bias-in-jury-selection-and-using-challenge-for-cause until this changes it is a tough battle to see justice.
But a cyclist who hit a
But a cyclist who hit a pedestrian who stepped off the pavement without looking because she was too engrossed with her phone gets jailed? Stop the world, I want to get off.
biker phil wrote:
If you are referring to the Alliston case, she wasn’t on the phone; he made it up. But she did step off the footpath, he did try to avoid her, the police re-enactment was a travesty; and he was jailed.
But she had a husband who knew people who knew people. Not like cyclists.
This is unbelievable. If the
This is unbelievable. If the excuses given by the defence for his behaviour behind the wheel of a car are genuine, and in the case of the sentencing they were deemed to be, then why is he ever allowed to get behind the wheel of a car again as the defence have clearly demonstrated that he is unfit to drive. There is no logic let alone justice in this sentencing.
The legal situation is so f
The legal situation is so f’ed up that I found myself feeling a smigeon of sympathy for zombie-knife-guy, something I wouldn’t normally feel. I found myself wondering what exactly that motorist did to ‘provoke’ him.
It’s obvious had the situation been reversed, and if the driver had attacked him with a weapon (i.e. his car) causing damage to the bike, the legal outcome would have been completely different. (And even on here there would have been a lot of muttering about what the victim did to provoke it and comments about how ‘its no good being in the right if you are dead’, while on the likes of the mail and LBC the comment would have been overwhelming that the victim probably deserved it).
As far as the penal system
As far as the penal system goes, I’m not fixated on making perps suffer. For me the main point of the system is neither punishment nor reform, but incapacitation. A non-custodial punishment is fine as long as it stops someone from offending again.
If, for whatever reason, you lack the self-control to obey the rules of society you have to have some of your freedoms removed so you stop causing harm to others. One doesn’t have to take glee in the idea of criminals suffering to acknowledge that. In this case that would include never driving a car again.