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Motorist who cut up cyclist then headbutted him escapes jail

Judge hands Ashley Rogers suspended sentence following incident in Stroud last year

A driver who headbutted a cyclist who remonstrated with him after the motorist cut him up has escaped jail.

Ashley Rogers, aged 29 and from Stroud, was last month found guilty of assault at Cheltenham Magistrates’ Court following the incident on 1 October last year, reports Gloucestershire Live.

At his trial, the court heard that he git out of his car and told Richard Child, also 29, that he had “picked the wrong f*ck*ng bloke” after the cyclist shouted “oi” at him when Rogers cut him up.

Jessica Dobson, prosecuting, said that a female passenger in the car told Rogers to “leave it” but he pushed Mr Child into a hedge then headbutted him.

 She said that Mr Child, who reported what had happened to police the following day and later identified Rogers in an identity parade, “was left standing by the hedge in a daze and in a state of shock.”

The cyclist sustained a chipped tooth and reddened cheek due to the incident, and was now more nervous about riding on the road.

Rogers, who lives with his parents, was driving a car registered to them but was uninsured.

A probation officer told the court that Rogers, sentenced in March last years to six weeks in prison, suspended for 12 months for harassing his ex-partner, “totally denied” assaulting Mr Child.

He added his mother has terminal cancer and that Rogers, who is several thousand pounds in debt, suffers from depression and attention deficit syndrome and who recently attempted to take an overdose, abuses alcohol and cocaine.

David Brown, in mitigation, told district judge Joti Bopa Rai: “It’s a plea for him and his family. I can confirm that his mother has terminal lung cancer.

“It’s a matter of weeks, if not a month, unfortunately,” he added, explaining that his client had the opportunity to start a new job in the coming week.

The judge handed Rogers an 18-week jail sentence, suspended for 12 months, added six penalty points to his driving licence and ordered him to pay Mr Child £200 in compensation and to pay a £115 victim surcharge and costs of £300.

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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35 comments

Avatar
iandusud | 5 years ago
4 likes

I'm on the whole against custodial sentences as I believe they just cost the state (us) a lot of money and generally don't discourage reoffending. I would prefer to see offenders made to do something that actually puts something back into society. HOWEVER, I do think that custodial sentences are appropriate and neccessary to protect the general public from people who clearly pose a threat and this is a clear example. I don't know why this man behaves the way he does and he may well be a victim of all sorts of abuse himself. But the fact is that he has clearly demonstrated that he is violent and has a total disregard for the law and the courts, and therefore needs to be segregated from the general public. 

Everything about this judgement is wrong. It should be custodial by default and his driving licence should be suspended for driving uninsured. 

This is worrying to say the least.

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Rick_Rude | 5 years ago
1 like

The look of Satan is upon him....

//i2-prod.gloucestershirelive.co.uk/incoming/article2831253.ece/ALTERNATES/s810/0_SFR_GLO_AshleyRogers030519_01JPG.jpg)

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hawkinspeter replied to Rick_Rude | 5 years ago
3 likes

Rick_Rude wrote:

The look of Satan is upon him....

//i2-prod.gloucestershirelive.co.uk/incoming/article2831253.ece/ALTERNATES/s810/0_SFR_GLO_AshleyRogers030519_01JPG.jpg)

I'm pretty sure that Satan would be able to grow some better facial hair.

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antigee | 5 years ago
3 likes

"A probation officer told the court that unemployed Rogers still “totally denied” attacking Mr Child"......

"It’s a matter of weeks, if not a month, unfortunately.”

He added that Rogers had the chance to start a job next week.

The judge said she was willing to give Rogers another chance...."

Maybe the judge should have postponed the sentencing for a few weeks to see how Rogers gets on in his employment and if he really needs to keep his license and not spend long hours in community service....suspect that the only "another chance" will be the chance to again totally deny an attack

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Hypoxic | 5 years ago
1 like

Ratko Mladic would be kicking himself now! All he needed to say was that he had a bit of a drinking problem, used hard drugs, often kicked his dog and abused his teddy bear, had bad insomnia and frequently thought about killing himself (and others we suspect). He'd had a troubled upbringing and was a troubled and confused person with troubled thoughts and...... troubles. He really wasn't a bad person inside... but his inside was constrained by a blood thirsty, crazed psychopathic exterior that his inside just couldn't reason with. It would be completely unjust for a court to punish his inside self for the reckless actions of his exterior self. Surely we can all see the logic here?

 

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Zebulebu | 5 years ago
2 likes

A bit of judicious Googling will tell you all you need to know about this waste of skin. There are comments on other stories about him being a well-known local toerag. The cyclist in question here was simply the latest victim. Once again, an unrepentant shitstain of a human being represented by a solicitor who clearly has no trouble sleeping at night.

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Rick_Rude | 5 years ago
0 likes

I think we need to follow the Americans and privatise prisons and actually charge prisoners to be imprisoned. Like the NHS, I'd happily pay a targeted tax to provide more prison space as we can't go on with all this soft touch nonsense.

Getting rid of bleeding heart magistrates and judges with AI would also be a start. Come back HAL9000 all is forgiven.

Avatar
hawkinspeter replied to Rick_Rude | 5 years ago
4 likes
Rick_Rude wrote:

I think we need to follow the Americans and privatise prisons and actually charge prisoners to be imprisoned. Like the NHS, I'd happily pay a targeted tax to provide more prison space as we can't go on with all this soft touch nonsense.

Getting rid of bleeding heart magistrates and judges with AI would also be a start. Come back HAL9000 all is forgiven.

I'm not sure that copying the U.S. prison system will work out that well. For starters we'd have to make sure that all the judges are as racist as possible.

I reckon we should at least try using our prisons when someone's already been given a last chance (suspended sentence) and then is aggressive to people.

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Christopher TR1 | 5 years ago
7 likes

" recently attempted to take an overdose"

If at first you don't succeed......

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brooksby | 5 years ago
7 likes

So, just in case I'm missing something: the police and cps appear to be saying that aggressive assault is a proportionate response to someone saying "Oi!" at you? OK, then...

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Hirsute | 5 years ago
6 likes

He got just 6 points for uninsured and no ban?
And a suspended sentence for the assault whilst under a suspended sentence?
Obviously I am reading it wrong and he went to jail somewhere along the line.

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Russell Orgazoid | 5 years ago
3 likes

He still lives with his parents....

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hmas1974 replied to Russell Orgazoid | 5 years ago
2 likes
Plasterer's Radio wrote:

He still lives with his parents....

Not for long...

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boringbutton | 5 years ago
4 likes

Great. Just great. 

 

The law only applies to the law abiding. Not surprised anymore. 

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hawkinspeter | 5 years ago
8 likes

Uninsured and on probation? Well that should be go straight to jail, do not pass go.

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Mungecrundle | 5 years ago
3 likes

I'm pretty sure that it's not just the good guys who carry guns. In fact I'm certain that where they are freely available the bad guys are the ones more likely to not only point one at you but actually pull the trigger.

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growingvegtables | 5 years ago
8 likes

29 years old.  With the emotional intelligence of a spoiled 2-year-old.

 

PLUS - "his mother has terminal cancer ... (he) is several thousand pounds in debt, suffers from depression and attention deficit syndrome and ... recently attempted to take an overdose, abuses alcohol and cocaine." 

 

SO ... Her Majesty's Courts stroke and support the "true victim".  The see-u-next-Tuesday who can't/won't drive safely/considerately.

 

WTAFF.

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IanGlasgow | 5 years ago
6 likes

£200 in compensation will barely cover the price of getting a chipped tooth repaired. The repair will last about 10 years so he'll need to get it redone 4 or 5 times during his life. Compensation of around £1000 would cover the costs incurred by this incident, bit still wouldn't compensate him for the trauma or the inconvenience he's experienced. Unfortunately the driver wasn't insured so getting appropriate compensation might not be easy.

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BehindTheBikesheds replied to IanGlasgow | 5 years ago
1 like

inicholson wrote:

£200 in compensation will barely cover the price of getting a chipped tooth repaired. The repair will last about 10 years so he'll need to get it redone 4 or 5 times during his life. Compensation of around £1000 would cover the costs incurred by this incident, bit still wouldn't compensate him for the trauma or the inconvenience he's experienced. Unfortunately the driver wasn't insured so getting appropriate compensation might not be easy.

MIB should cover personal injury losses/claims when involving uninsured drivers or even hit and run

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ktache | 5 years ago
11 likes

But he commited the offence in October, whilst still on the suspended sentence.  

Avatar
jacknorell replied to ktache | 5 years ago
1 like
ktache wrote:

But he commited the offence in October, whilst still on the suspended sentence.  

You're right of course. Clearly cycling hols make me illiterate.

Does rather make you wonder why on earth he wasn't imprisoned for not adhering to the conditions of the suspended sentench.

Avatar
ktache | 5 years ago
11 likes

Not just that Burt, he was still under a suspended sentence, I hope this extra suspended sentence gets him to change his ways too.

Avatar
jacknorell replied to ktache | 5 years ago
0 likes
ktache wrote:

Not just that Burt, he was still under a suspended sentence, I hope this extra suspended sentence gets him to change his ways too.

No, suspended sentence in march last year, so past the period when sentenced again this April.

Avatar
Tommytrucker replied to jacknorell | 5 years ago
11 likes
jacknorell wrote:
ktache wrote:

Not just that Burt, he was still under a suspended sentence, I hope this extra suspended sentence gets him to change his ways too.

No, suspended sentence in march last year, so past the period when sentenced again this April.

But the incident occurred in October, which was within the 12 month suspended period. Does a suspended sentence not mean you are supposed to strictly adhere to the laws of the land for that period, else you get dragged into a cell to carry out your sentence?

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Rik Mayals unde... replied to ktache | 5 years ago
8 likes

ktache wrote:

Not just that Burt, he was still under a suspended sentence, I hope this extra suspended sentence gets him to change his ways too.

Not a chance, once a violent twat, always a violent twat. I'll bet he's laughing his cock off.

Avatar
burtthebike | 5 years ago
12 likes

Great; April the first again.  I love it when these days come around twice on the calendar and we can all enjoy laughing at the insane stories that the reporters cook up for us.

Just imagine if a cyclist had dragged a driver out of their car and head butted them, no matter the extenuating circumstances, how long they'd be in prison for?  Five years?

No insurance, crap driver, assault; didn't even lose his licence.

I'm considering carrying a gun.  Anyone have any reccommendations?

Avatar
OldRidgeback replied to burtthebike | 5 years ago
3 likes

burtthebike wrote:

Great; April the first again.  I love it when these days come around twice on the calendar and we can all enjoy laughing at the insane stories that the reporters cook up for us.

Just imagine if a cyclist had dragged a driver out of their car and head butted them, no matter the extenuating circumstances, how long they'd be in prison for?  Five years?

No insurance, crap driver, assault; didn't even lose his licence.

I'm considering carrying a gun.  Anyone have any reccommendations?

If you want to carry a gun, I suggest you move to the US or South Africa. Gun ownership there is a lot easier. Mind you, the road fatality rate is a lot higher in both as well.

In general, carrying a weapon isn't the best idea.

Avatar
levermonkey replied to burtthebike | 5 years ago
4 likes

burtthebike wrote:

Great; April the first again.  I love it when these days come around twice on the calendar and we can all enjoy laughing at the insane stories that the reporters cook up for us.

Just imagine if a cyclist had dragged a driver out of their car and head butted them, no matter the extenuating circumstances, how long they'd be in prison for?  Five years?

No insurance, crap driver, assault; didn't even lose his licence.

I'm considering carrying a gun.  Anyone have any reccommendations?

Ah! The Good Old Days.

 

Avatar
burtthebike replied to levermonkey | 5 years ago
0 likes

levermonkey wrote:

burtthebike wrote:

Great; April the first again.  I love it when these days come around twice on the calendar and we can all enjoy laughing at the insane stories that the reporters cook up for us.

Just imagine if a cyclist had dragged a driver out of their car and head butted them, no matter the extenuating circumstances, how long they'd be in prison for?  Five years?

No insurance, crap driver, assault; didn't even lose his licence.

I'm considering carrying a gun.  Anyone have any reccommendations?

Ah! The Good Old Days.

60p; bargain.

Avatar
ConcordeCX replied to levermonkey | 5 years ago
4 likes

levermonkey wrote:

burtthebike wrote:

Great; April the first again.  I love it when these days come around twice on the calendar and we can all enjoy laughing at the insane stories that the reporters cook up for us.

Just imagine if a cyclist had dragged a driver out of their car and head butted them, no matter the extenuating circumstances, how long they'd be in prison for?  Five years?

No insurance, crap driver, assault; didn't even lose his licence.

I'm considering carrying a gun.  Anyone have any reccommendations?

Ah! The Good Old Days.

 

there's an interesting, well-researched article here about cyclists and their little friends:

https://cyclehistory.wordpress.com/2015/10/03/guns-wheels-and-steel-cycl...

 

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