Cyclist knocked down and killed pedestrian

[lisa110rry]

He looks a right idiot with those 'bangles' in his earlobes...

 

[BEA76]

Those bangles will make useful handles when he picks up the soap

 

[219]

I hope he ends up with Gary Glitter as a cell mate

 

[grober]

Wanton and Furious Driving

The offence of wanton and furious driving under section 35 of the Offences Against the Person Act 1861 is committed when bodily harm (i.e. injury) is caused to any person as a result of the manner of driving of a suspect and is not limited to motor vehicles but covers any kind of vehicle or carriage including bicycles.

It is an offence triable only on indictment (except when committed by a youth).

The offence carries a maximum penalty of 2 years' imprisonment and/or an unlimited fine. Penalty points and discretionary disqualification can be imposed by the courts under section 28 of the Road Safety Act 2006.

The offence can only be committed if the driver has a degree of subjective recklessness so far as the foreseeabilty of causing injury is concerned.* In other words, he or she must appreciate that harm was possible or probable as a result of the manner of driving: see R v Okosi [1996] CLR 666.
Charging Practice

Prosecutors should only prosecute this offence when it is not possible to prosecute for an offence under the RTA 1988, for example:

when the driving was not on a road or other public place;
when the vehicle used was not a mechanically propelled vehicle (such as a bicycle or horse drawn vehicle);
when a Notice of Intended Prosecution has not been given (unless such a course might be regarded by the courts as amounting to an abuse of process).

When a vehicle has been deliberately used as a weapon and has caused injury prosecutors should normally prosecute for the offence of dangerous driving or a specific assault under other provisions in the Offences Against the Person Act 1861, subject to there being sufficient evidence to provide a realistic prospect of conviction, for one of those offences.

*the case will turn on this

 

[Deleted member 6183]

I hope he ends up with Gary Glitter as a cell mate

I doubt Gary Glitter would have any interest in this chap.

 

[219]

I doubt Gary Glitter would have any interest in this chap.

Perhaps Rolf is getting ready for him ...

I doubt he has a kangaroo to tie down these days


Rolf Harris spotted by shoppers at Screwfix | Daily Mail Online

 

[markjay]

Perhaps Rolf is getting ready for him ...

I doubt he has a kangaroo to tie down these days

Rolf Harris spotted by shoppers at Screwfix | Daily Mail Online

Rolf is out.

 

[219]

Rolf is out.

Yes , and what is he buying cable ties for ?

 

[E55BOF]

His new kangaroo is being delivered tomorrow.

 

[markjay]

Yes , and what is he buying cable ties for ?

As long as it's between consenting adults........................... ahmmm.

 

[219]

As long as he doesn't start making those " ah-hoo , ah-haa " noises ...

 

[Petrol Pete]

I see you have discounted CBS,(Honda's Combined Braking System ), where applying the back brake will also partly apply the front and vice versa. Pedantic, I know!

Russ

Moto Guzzi tried it years ago and it was equally as useless. Modern bikes are now like modern cars , full of electronic wizardry used in an attempt to stop the rider from killing himself. On some bikes it is impossible to turn it all off (just like some cars) Not many will honestly say they can ride a 200bhp+ motorcycle flat out without some help.

 

[Petrol Pete]

https://ukcyclerules.wordpress.com/2011/05/04/the-rules-of-bike-brakes/

Love the way this mentions 'Pennyfarthing' style bikes !

 

[st13phil]

Moto Guzzi tried it years ago and it was equally as useless.

OK, I'll bite. Have you ever ridden a Honda with the Dual CBS braking system?


Sent from my iPhone using Tapatalk

 

[Conquistador]

Cleared of manslaughter but convicted of 'wanton and furious driving'.

 

[merc85]

Cleared of manslaughter but convicted of 'wanton and furious driving'.

What sentence did he receive out of interest ?

 

[st13phil]

According to the news report:

He will be sentenced on September 18th. Judge Wendy Thomas warned that he faced a custodial sentence but added that it was not a certainty until she had heard mitigation at the sentencing hearing. She added: “I have not seen one iota of remorse from Mr Alliston at all at any stage.”

 

[markmifsud]

What sentence did he receive out of interest ?

I guess he will be on remand, awaiting sentencing?

 

[grober]

Did it ever emerge in the course of the trial whether the deceased woman was in fact on the phone when struck while crossing the road- should have been traceable via phone logs?

 

[AMGeed]

Cleared of manslaughter but convicted of 'wanton and furious driving'.

Which carries a maximum sentence of 2 years.

He needs at least a year for some attitude adjustment.