A driver who first abused and close passed a cyclist before speeding and deliberately ramming him and knocking him of his bike, causing him injuries, has been sentenced to 18 months in prison and disqualified from driving for 21 months, for using his “vehicle as a weapon”.
The cyclist was riding his bike while travelling to work on National Cycle to Work Day in 2021 on Bridgewater Avenue, Bolton when James Outwin, 50, of Della Avenue, Barnsley drove his Vauxhall Corsa very close to him.
The incident was captured on dashcam footage which was played in the Bolton Crown Court, with prosecutor Anthony Wiliams describing the events saying: “He received verbal abuse for about 100 metres before they came across a parked bus. He said to give him some space to pass.
“The defendant allowed him some space, then closed the distance, which in the complainant’s view was deliberate. He kicked the door with his right foot and the defendant did move away, allowing him to pass safely.
“He then accelerated and parked on the nearby kerb, and as the cyclist passed, he kicked out towards him. The rider manoeuvred around it.”
The cyclist turned left from Bridgewater Avenue onto Lomax Way, before noticing Outwin was “closing” on him “at speed”.
“He mounted the pavement on the right-hand side, the defendant apparently drove parallel in the right-hand lane,” Williams added, The Bolton News reports.
The cyclist then tried to distance himself by cutting back to the left-hand side of the road, which is when Outwin swerved his car into him, knocking him off.
The footage also captured the aftermath, which showed Outwin getting out of the car and shouting at the cyclist, who was on the floor. He ended up suffering a minor concussion, bruising, cuts, and abrasions, and went to Fairfield Hospital after the crash.
Outwin, who was sentenced for drink driving in 2023, initially pleaded not guilty to dangerous driving, before changing his plea to guilty.
Defending, Nicholas Hammond said that he had been “determined to speak to the cyclist” but that the action taken at the end was “out of character”. He also read out the testimony of his wife, who said he had been “remorseful” about the incident.
He added: “The probation service say that he has a realistic prospect of rehabilitation and there is a long period of time prior where he was a man of good character.”
Sentencing, Judge Abigail Hudson said: “You took offence, abused your power behind the wheel of that car, and what followed was pure bullying.
“I read the letter from your wife, she spoke of your remorse and guilt at injuring the victim. I detect no such remorse in you.”
Judge Hudson sentenced him to 18 months imprisonment and disqualified from driving for 21 months, saying: “Your mitigation is not exceptional and the message has to be sent very clearly — those who use their vehicle as a weapon must go to prison.”
Last month, a Merseyside bus driver who hit a 13-year-old cyclist’s rear wheel, pushing the bike into the road was banned from driving for a year. At the trial, the driver admitted dangerous driving and failure to stop, while the court heard that the teenage cyclist was fortunate to avoid injury.
In June 2023, a driver who used his car as a “highly dangerous weapon” to run over a cyclist in a road rage incident in London, leaving him with life-changing injuries, was jailed for 18 months and disqualified from driving for two years and nine months, in order “to deter similar attacks”.
The driver admitted the offences on the basis that he did not intend to injure the rider but intended only to “scare” him.
16 thoughts on ““Pure bullying”: Driver who close passed cyclist before deliberately ramming him jailed for 18 months for using “vehicle as a weapon””
The judge says “those who use
The judge says “those who use their vehicle as a weapon must go to prison.”
But will be all;owed to use said weapon again in less than two years……
People of “normally good
People of “normally good character” don’t try and hurt someone with their car. If I had a license for a gun and shot someone I doubt I would be getting that license back ever and I would be charged with attempted murder. Why are cars so different.
I have no idea why we bother with character references or the idea of remorse for deliberate acts of violence. Neither have any relevance to your actions (beyond the fact good people don’t use their cars as weapons…) and should have no effect on the sentencing.
mctrials23 wrote:
On the character reference front, it would be interesting to consider the possibility of taking ai a defendant’s social media comments into account – some folks are doing the lawyers work for them.
And he wasn’t remorseful
And he wasn’t remorseful about the incident. He was remorseful about getting punished for it.
Which is why its something
Which is why its something that shouldn’t be taken into consideration. Because its completely arbitrary and meaningless. Even if you are remorseful we need to impress upon people that remorse is no substitution for not doing things in the first place. Part of the reason driving standards are so low is because expectations are so low and punishments reflect that.
We all make mistakes but when you do something intentionally or do something that is knowingly dangerous then you don’t get to call it a mistake. Thats a conscious choice. You just happen to get away with a lot of these. Close passing people for example will not hurt or kill the cyclist 99/100 but when it does, you should get the book absolutely thrown at you. It wasn’t an accident, it was your choice to give a few seconds of your time more value than another persons life.
“…disqualified from driving
“…disqualified from driving for 21 months, for using his “vehicle as a weapon”.”
Why does he get his licence back at all? Especially given that he’s apparently got previous for drink driving.
the little onion wrote:
But will be all;owed to use said weapon again in less than two years……— the little onion
Because that is what the Sentencing Guidelines do say.
Worth noting that the driving ban is immediate. With a 50% remission of the imprisonment, that means a subsequent 12-month ban (quite possibly calculated into consideration).
GMBasix wrote:
I believe this nonsense system has been changed and his ban starts on his release. Unless anyone knows different?
mike the bike wrote:
The system is that the ban given is served from the moment the driver is disqualified, i.e. at sentencing, but it must be extended from whatever would have been handed down originally by 50% of the length of the prison sentence to make sure that the full ban is served, e.g. if someone is sentenced to prison for six months and a driving ban for a year, the driving ban is extended to a year and three months so that if they get out with the maximum remission after three months, they will still be banned for a year. So in this case, with 18 months in prison and a 21 month driving ban, the assumption is that the offender will be released after nine months and then have to serve the remaining 12 months of the driving ban. Pretty astonishing that the judge has decided that using a vehicle as a weapon only warrants a year’s ban.
Indeed. Shoult be a life bad.
Indeed. Shoult be a life bad.
Quote:
…after being shown that it was all on video.
I think a previous conviction
I think a previous conviction for drunk driving underpins the unshakeable proof of Outwin’s good character. What a saint the man was.
Mr Blackbird wrote:
St Down
He must be so glad that he
He must be so glad that he only used a lethal weapon to attack someone and didn’t fiddle a few quid in benefits: he’d have been banned for longer.
Anyone convicted of using their vehicle as a weapon should never be allowed to drive again. No ifs, no buts, no exceptional hardship, just banned forever.
I hope his wife has friends
I hope his wife has friends and support around her and is able to take the time while he is in prison to ensure her safety on his release.
Try kill someone in a car and
Try kill someone in a car and you get virtually 0 punishment .