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Old February 9th 18, 10:25 AM posted to uk.rec.cycling
Tony Dragon
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Posts: 4,715
Default Pavement cyclist in court for assault . You would have a job tothink of this mitigation.

On 09/02/2018 03:46, Simon Jester wrote:
On Thursday, February 8, 2018 at 9:07:56 PM UTC, MrCheerful wrote:
Tom Bush, 22, of Main Street, North Muskham, admitted at Nottingham
Magistrates’ Court to assaulting Inspector Anton Menzies and Mr Terry
Mulligan.
Inspector Menzies, of British Transport Police, had just clocked off and
was waiting to cross the level crossing at Newark Castle station when
the incident occurred, prosecutor Mr David Miles told the court.
Bush cycled along the pavement, collided with Inspector Menzies and came
off his bike.
Bush, who has agoraphobia, was in a state of panic, according to a
psychiatric report presented to the court, Mr Miles said.
When Bush rose to his feet he was shouting and swearing and his fists
were clenched.
Inspector Menzies attempted to restrain him and the cyclist connected
with his chin, causing minimal pain and discomfort, Mr Miles told the court.
Bush tried to cycle away and Inspector Menzies grabbed his arm, told him
he was an off-duty police officer and that he was arresting him.
Bush swore at Inspector Menzies, told him that he could not breathe and
to get off.
Bush bit passer-by Mr Terry Mulligan, who was trying to help, on the arm
and hand area.
Bush admitted at a previous hearing to an unrelated charge of possession
of cannabis.

Mr Ian Carter, defending, said Bush suffered from agoraphobia, meaning
he was fearful of being in a situation from which escape might be difficult.
He said Bush had received some bad personal news and when the crossing
barriers rose he was staring down at the pavement and was solely focused
on getting home.
Bush would have felt like he was being imprisoned when he was being held
down, Mr Carter said.
“All he wants to do is get away from these people,” he said.
“He is almost acting in self-defence. He is getting a warped sense of
what is going on.
“If they had let him stand up and given him his bike back he would have
got on his bike and cycled off.”
Presiding magistrate Mr Paul Roberts gave Bush a 12-month conditional
discharge and ordered him to pay £470 in compensation.


https://newarkadvertiser.co.uk/news/...f-duty-officer


Cycling on a footway is not an arrestable offence which means the victim was subjected to assault and battery plus unlawful detention.


Is there anybody else in your world, or are you there alone. In our
world assault is an arrestable offence.
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