A driver who stamped on the head of a female cyclist who had stopped by the roadside with her boyfriend after his tyre punctured has been handed a suspended prison sentence.
Preston Crown Court was told that David Hayton, aged 37 and from Lancaster, assaulted the male cyclist before punching the woman and stamping on her head as she lay on the ground.
The pair sustained bruising and facial injuries as a result of the incident on New Quay Road in Lancaster on the afternoon of 19 April last year, reports the Lancashire Post.
Hayton, who has past convictions for violent offences, pleaded guilty to actual bodily harm and common assault.
Charles Brown, prosecuting, said: “While they were stationary there the defendant, also coming in the same direction, pulled over and stopped in front of them.
“He then got out of the driver’s seat and started shouting straight away.”
Hayton began punching the male cyclist despite the female rider urging him to leave them alone, and when she tried to pull him away, she accidentally tore his t-shirt.
At that point, said Mr Brown, Hayton “transferred his attention to her. He punched her to the head then either punched or pushed her and she fell to the ground. Her head was close to the pavement.
“The defendant was standing over her and he stamped upon her head.”
Part of the assault was filmed by a jogger on her phone, who called the police. Meanwhile, Hayton had driven off but came back to the scene with his partner, with another fight breaking out.
Sentencing Hayton, Judge Robert Altham, Honorary Recorder of Preston, told him: “You were apparently irritated by something that had happened and got out of the car.
“What then followed was, I’m sure you will agree, an extremely ugly incident, where you set about verbally then physically berating these two very young people.
“You do need to understand the physical consequences could have been very grave indeed.”
The judge pointed out that cases before the court often involve “permanent and utterly debilitating brain injury and sometimes death” caused by a blow or kick to the head.
“You need to reflect on your conduct as to what could have happened in this case,” he told Hayton, adding, “Happily the injury in this case was relatively slight.”
The judge jailed Hayton for 18 weeks, suspended for two years, and ordered him to undertake 240 hours of unpaid work and participate in a probation programme.
50 thoughts on “Suspended sentence for driver who stamped on cyclist’s head”
So previous convictions for
So previous convictions for violent conduct, caught on film, drove away & came back but only gets a suspended sentence? What the actual fuck is wrong with the justice system in this country?
18 weeks suspended
18 weeks suspended considering the previous convictions, the undeniable evidence and the malisciousness of the assault, what an utter joke! With ABH carrying a max sentence of 5 years, you have to wonder what the judge used to calculate such a pathetically light sentence. Add on the fact that the attacker was very lucky that the injuries caused weren’t more serious, as his actions could have consitiuted GBH, with a sentence range of 3-16 years.
The most significant failure of all with the sentence though is the complete lack of deterrent to those that may carry out an attack like this.
sensei wrote:
He should probably have been charged with Attempted GBH. You don’t kick someone in the head unless you intend to cause them serious injury.
Its ok. Im sure the fact
Its ok. Im sure the fact that the ability to protest is being curtailed and slave traders statues will be better protected will make up for it.
https://www.gov.uk/government/publications/police-crime-sentencing-and-courts-bill-2021-factsheets/police-crime-sentencing-and-courts-bill-2021-protest-powers-factsheet
Weirdly actually that bill
Weirdly actually that bill does cover driving offences too,increasing max sentences for death by dangerous driving (not that the max ever got used anyway) and death by careless driving under the influence of drugs/alcohol,both now max life imprisonments & introducing a new offence of causing serious injury by careless driving, max 2 years
Its utterly…well quite
Its utterly…well quite frankly im speechless about that is the only censor friendly way of reacting to it, how that’s any form justice god only knows.
How is he not a danger to
How is he not a danger to others? Lock him up for Chris’ sake.
I would instinctively say
I would instinctively say something like ‘unbelievable’, but tragically it’s far from it. It’s enragingly typical.
“Hayton, who has previous
“Hayton, who has previous convictions for violence, admits causing actual bodily harm and common assault.
His defence lawyer said he accepted he should have “reacted differently” and felt ashamed.
She told the court the family’s dog, which he was going out to walk on the day in question, had had to be put to sleep a couple of hours before the sentencing hearing.”
So this violent thug, as evidenced by previous convictions for violent thuggery, is supposed to escape jail because his fucking DOG has just been put down?
Shame the vet didn’t do him at the same time.
Jesus wept….
Jesus wept….
Judge Robert Altham, please
Judge Robert Altham, please can you explain exactly what was going through your tiny mind?
FFS
One to add to the Road Rage-
One to add to the Road Rage- Why do Motorists hate Cyclists thread.
I hope someone (preferrably CPS) will appeal the sentence given the history
Erm – “suspended”????
Erm – “suspended“????
Like with most on here, I
Like with most on here, I cannot see how with the evidence supplied it is a 18 week sentence, let alone it is suspended. The previous convictions, the un provokedness of it, the fact he went off and came back and continued it (was his partner also charged?)
Apparently the Honoury Recorder is the top judge in the area but he needs to seriously look at himself over the paltry sentence given.
Very poor decision by a lower
Very poor decision
by a lower court.I suspect if this had gone to a crown (edited from magistrates) court (and it should have imo) the sentencing would have been higher.(Edited to correct it was infact a Crown Court – Jesus wept!).
Sentencing guidelines. I can see at least 2 aggravating factors – how many can you spot? Starting point should have been 6 months jail time.
https://www.sentencingcouncil.org.uk/offences/magistrates-court/item/assault-occasioning-actual-bodily-harm-racially-religiously-aggravated-abh/
Magistrates courts are some
Magistrates courts are some of the lowest courts in the system. Appeals from Magistrates courts and those indictable offences are Crown Court matters.
https://www.judiciary.uk/about-the-judiciary/the-justice-system/court-structure/ has links to a very clear flow chart.
It does seem like a shockingly light sentence, however.
The Lancashire Post article
The Lancashire Post article linked claims this was the decision of a Crown Court, not Magistrates.
Could the possible bias of
Could the possible bias of driver vs typically annoying cyclist (how very rude of them to be stopped by the side of the road, how would cars be able to mount the kerb?) have caused such a light sentencing?
Even with such bias it’s staggering that someone (let along a motorist vs a cyclist) could have violently attacked another person, unprovoked and in broad daylight for a consecutive time and escaped with what is basically a slap on the wrists.
Even the claim about his dog seems like one of those pity votes – say, like those given to violent young rapists and assaulters whose ‘budding careers’ are considered as mitigating factors in handing them a reduced sentence.
At 1st I thought it said
At 1st I thought it said 18months then realised it was 18 weeks and suspended for an unprovoked violent attack (twice) and with previous form. Just what do you have to do to get a prison sentence these days. Maybe justifies complaints for undue leniency?
Not a sentence that can be
Not a sentence that can be appealed unfortunately
https://www.gov.uk/ask-crown-court-sentence-review
Even with the current focus on offences against women.
Local MP appears to be Cat Smith, a Labour Shadow Minister
kil0ran wrote:
Not necessarily true; the list says including these, but it doesn’t say that is exclusive or what cannot be appealed. In the current climate, I think an appeal would be pretty hard for the judiciary to turn down.
“Only certain types of case can be reviewed, including:
murder
rape
robbery
some child sex crimes and child cruelty
some serious fraud
some serious drug crimes
some terror-related offences
crimes committed because of the victim’s race or religion
Anyone can ask for a sentence to be reviewed – they don’t have to be involved in the case.
Only one person needs to ask for a sentence to be reviewed.”
There is a specfic list
There is a specfic list
https://www.cps.gov.uk/legal-guidance/unduly-lenient-sentences
See annex A – but you need a bit of technical knowledge to understand if this crime fits any of the categories.
hirsute wrote:
You’re right, well beyond my technical knowledge or willingness to read through pages of legalese; any legally qualified person care to enlighten us?
I’m not very up-to-date,
I’m not very up-to-date, having stopped prosecuting any offences halfway through the last decade, but neither common assault nor assault occasioning actual bodily harm are matters where the prosecution can ask the Court of Appeal to review the sentence.
This is a joke surely? 18
This is a joke surely? 18 weeks for an aggravated assault leading to actual bodily harm? & suspended too? Suspending a sentence is supposed to be a warning to a first offender of what could happen if they do it again. Has the beak actually *read* the sentencing guidelines?
Although not mentioned here,
Although not mentioned here, I’m guessing the covid guidelines is partly responsible. So yes, commit all your minor crimes now before it is over and get away with them no matter how violent you become.
I’m guessing the covid
I’m guessing the covid guidelines is partly responsible. So yes, commit all your minor crimes now before it is over and get away with them
Except it wasn’t that ‘minor’- I appreciate that you realise that, although the judge didn’t. It remains, as it always has done in Lancashire, open season for traffic offences against cyclists.
Appalling, staggering,
Appalling, staggering, literally incredibly lenient sentencing, given his record and the completly random attack on people who had done him no wrong whatsoever. If anyone feels like starting a crowdfunder to appeal this sentence, count me in for a few quid.
Since we’re currently going through a lot of soul searching and protests about women and violence, this sentence sends all the wrong messages, and I’m betting if he’s happy to attack a random woman in broad daylight, he’s pretty violent to them the rest of the time.
EDIT: I’ve posted the Lancashire Post link on fb to see if any people currently interested in violence against women pick it up.
The judge should be hung and
The judge should be hung and quartered alongside the nasty cowardie scrote – that he has let off virtually scot free, with just a little telling off and not even a fine or costs etc.
Well, it appears the offender
Well, it appears the offender recently built himself a dog-house. Let’s hope he stays in it.
Oooh, I feel a doxxing coming
Oooh, I feel a doxxing coming on, good find.
Well, I won’t go that far –
Well, I won’t go that far – but I do enjoy a bit of google-foo for open source info.
Interestingly (or not maybe!) the plans for his annexe include a large ‘bike store’.
Why did he stop the car
Why did he stop the car
Why did he attack them
Why did he return and attack them again
Why was the sentence so light
Would it have been so light if it had been a mother pushing a child in a buggy?
The judge’s is pretty naive
The judge is pretty naive if he thinks this incident will change this guy.
“You need to reflect on your conduct as to what could have happened in this case,” he told Hayton, adding, “Happily the injury in this case was relatively slight.”
Given his previous history of violence, I doubt if Hayton ever reflects on anything. How many chances does he get before he kills someone?
Perhaps Plato should have
Perhaps Plato should have asked not what is justice? but where is justice?
OH FUCK OFF THE JUDGE IS A
OH FUCK OFF THE JUDGE IS A FUCKING FUCKTARDED FUCKTARD!!
I really hope legal action is taken against such appalling judgement. I literally cannot find the words (except foul ones) to assert how fucked up that sentence is, and the judge that decided it. A nutcase stamped on someones head for fuck sake!
A ridiculously lenient
A ridiculously lenient ‘sentence’, as we all know.
But this is a reminder that there are some serioulsy derranged people out on the roads, as we all know/have experience of. It’s not easy fighting back when you’re wearing shoes with cleats! As the sergeant used to say at the end of roll call in Hill Street Blues “Let’s be careful out there”.
Apparently there were two
Apparently there were two seriously deranged people in court. One of whom was the defendant …
So a violent offender gets a
So a violent offender gets a light slap on the wrist?
Attempted “permanent and
Attempted “permanent and utterly debilitating brain injury and sometimes death”. Might be some useless work by the CPS too, they are rarely interested unless something very serious actually results.
NPlus1BikelightsNJerseys
To be fair Actual Bodiy Harm and Common Assault are both serious charges. Not sure it is the CPS at fault here rather than the sentencing.
I’m going to self-identify as
I’m going to self-identify as a statue from now on – the fuckers will get 10 years soon!
This is really a new low for
This is really a new low for me. Does anyone know who this can be raised with? MPs? The justice system?
This is no longer cyclists Vs motorist debate but a case of a dangerous individual. Rather than post to each other that we are in agreement can we instead use our voices to try and change it?
joey54321 wrote:
This is no longer cyclists Vs motorist debate but a case of a dangerous individual. Rather than post to each other that we are in agreement can we instead use our voices to try and change it?
— joey54321Been thinking about this myself, and while I’ve tried getting the current campaign about violence to women interested, they haven’t bitten. Maybe we could write to Priti Patel?
Let’s face it, this guy has learned his lesson, and next time he’ll just run over the cyclists and get off scot free.
Found this link from 2018
Found this link from 2018 about the same judge
https://www.desmog.co.uk/2018/10/22/judicial-office-launches-investigation-complaint-over-fracking-judge-alleged-oil-and-gas-ties
Says it all really.
That’s truly shocking.
That’s truly shocking.
16 months jail for non-violent environmental protesters whose actions might harm a fracking company and his own family’s financial interests
but no jail at all for a serial violent offender attacking innocent cyclists.
I do hope this judge gets struck off.
Crumblingman wrote:
Says a lot about our supposedly independent judicial system that this bloke still has a job.
‘…past convictions for
‘…past convictions for violent offences.’
<facepalm>
A thought just passed across
A thought just passed across what remains of my mind; what if it had been a cyclist attacking two people fixing a flat tyre on a car?
It would be all over the msm and the cyclist would be in jail for many years, covid or no covid.
Are cyclists allowed to carry
Are cyclists allowed to carry automatic weapons, for self defence of course, asking for a friend. (who can’t think of any other way to deal with these twat-fuck fascist fuckwits)