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Driver is first to be charged after law change



 
 
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  #1  
Old November 12th 15, 07:50 PM posted to uk.rec.cycling
Alycidon
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Posts: 3,921
Default Driver is first to be charged after law change


QUOTE:
"Prosecutors said the motorist had succumbed to "road rage" following an altercation in July 2013 with the cyclist, aged 69 at the time, who was left brain damaged and in a wheelchair as a result of his injuries.

Sadly, Mr Radford died from his injuries shortly after the trial and as a result of his death West Yorkshire Police referred the case back to the Crown Prosecution Service to examine whether fresh charges could be brought.

Until a reform of the law in 1996, that would have been impossible due to what was known as the "year and a day rule."

Under that longstanding common law principle, a person causing someone's death could not be charged in relation to it if 366 days or more had elapsed between the incident giving that ultimately led to the fatality and the victim's death.

It was scrapped under the Law Reform (Year and a Day Rule) Act 1996 partly as a result of advances in medical science that nowadays enable medical staff to keep victims of crime alive well beyond that threshold.

As far as we are aware, this is the first case involving a cyclist that has resulted in a conviction under that legislation.

Gledhill will be sentenced on 12 January."

http://road.cc/content/news/171082-r...r-john-radford
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  #2  
Old November 12th 15, 11:30 PM posted to uk.rec.cycling
Alycidon
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Posts: 3,921
Default Driver is first to be charged after law change

On Thursday, 12 November 2015 18:50:21 UTC, Alycidon wrote:
QUOTE:
"Prosecutors said the motorist had succumbed to "road rage" following an altercation in July 2013 with the cyclist, aged 69 at the time, who was left brain damaged and in a wheelchair as a result of his injuries.


"It's well past time they started protecting cyclists from nut-job drivers in order to deter them from treating us like road litter. They need to stop using the statutory law charge of dangerous driving and start using the common law charge of manslaughter.

If I was stupid enough to discharge a firearm on a road and killed a cyclist I wouldn't be charged with dangerous shooting I would be charged with manslaughter and probably be sentenced to several years. Yet I can get behind the wheel of a car, drive aggressively, mow down a cyclist, claim I lost concetration and, if I'm unlucky, get a suspended sentence and a few years driving ban.

I once watched a trial where a man was sentenced to three years for poaching salmon from Lord So and So's estate. He'd have got less for running over a cyclist. The laws/judges in this country really are deplorable, and most certainly do not protect us."

- See more at: http://road.cc/content/news/171082-r....oh117nxh.dpuf
  #3  
Old November 12th 15, 11:40 PM posted to uk.rec.cycling
David Lang
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Posts: 1,816
Default Driver is first to be charged after law change

On 12/11/2015 22:30, Alycidon wrote:
On Thursday, 12 November 2015 18:50:21 UTC, Alycidon wrote:
QUOTE: "Prosecutors said the motorist had succumbed to "road rage"
following an altercation in July 2013 with the cyclist, aged 69 at
the time, who was left brain damaged and in a wheelchair as a
result of his injuries.


What do you mean "left" with brain damage? Cyclists don't have fully
functioning brains to start with.

"It's well past time they started protecting cyclists from nut-job
drivers in order to deter them from treating us like road litter.


But the are road litter.

They need to stop using the statutory law charge of dangerous driving
and start using the common law charge of manslaughter.

If I was stupid enough to discharge a firearm on a road and killed a
cyclist I wouldn't be charged with dangerous shooting.


No, you'd get a round of applause.

I would be
charged with manslaughter and probably be sentenced to several years.
Yet I can get behind the wheel of a car, drive aggressively, mow down
a cyclist, claim I lost concetration and, if I'm unlucky, get a
suspended sentence and a few years driving ban.


Sounds a bit harsh.


I once watched a trial where a man was sentenced to three years for
poaching salmon from Lord So and So's estate. He'd have got less for
running over a cyclist. The laws/judges in this country really are
deplorable, and most certainly do not protect us."


They just know what's right.
  #4  
Old November 12th 15, 11:41 PM posted to uk.rec.cycling
Alycidon
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Posts: 3,921
Default Driver is first to be charged after law change

On Thursday, 12 November 2015 18:50:21 UTC, Alycidon wrote:
QUOTE:
"Prosecutors said the motorist had succumbed to "road rage" following an altercation in July 2013 with the cyclist, aged 69 at the time, who was left brain damaged and in a wheelchair as a result of his injuries.

Sadly, Mr Radford died from his injuries shortly after the trial and as a result of his death West Yorkshire Police referred the case back to the Crown Prosecution Service to examine whether fresh charges could be brought.

Until a reform of the law in 1996, that would have been impossible due to what was known as the "year and a day rule."

Under that longstanding common law principle, a person causing someone's death could not be charged in relation to it if 366 days or more had elapsed between the incident giving that ultimately led to the fatality and the victim's death.

It was scrapped under the Law Reform (Year and a Day Rule) Act 1996 partly as a result of advances in medical science that nowadays enable medical staff to keep victims of crime alive well beyond that threshold.

As far as we are aware, this is the first case involving a cyclist that has resulted in a conviction under that legislation.

Gledhill will be sentenced on 12 January."

http://road.cc/content/news/171082-r...r-john-radford


Scum will get seven years.

  #5  
Old November 12th 15, 11:48 PM posted to uk.rec.cycling
Alycidon
external usenet poster
 
Posts: 3,921
Default Driver is first to be charged after law change

On Thursday, 12 November 2015 22:41:46 UTC, Alycidon wrote:
On Thursday, 12 November 2015 18:50:21 UTC, Alycidon wrote:
QUOTE:
"Prosecutors said the motorist had succumbed to "road rage" following an altercation in July 2013 with the cyclist, aged 69 at the time, who was left brain damaged and in a wheelchair as a result of his injuries.

Sadly, Mr Radford died from his injuries shortly after the trial and as a result of his death West Yorkshire Police referred the case back to the Crown Prosecution Service to examine whether fresh charges could be brought.

Until a reform of the law in 1996, that would have been impossible due to what was known as the "year and a day rule."

Under that longstanding common law principle, a person causing someone's death could not be charged in relation to it if 366 days or more had elapsed between the incident giving that ultimately led to the fatality and the victim's death.

It was scrapped under the Law Reform (Year and a Day Rule) Act 1996 partly as a result of advances in medical science that nowadays enable medical staff to keep victims of crime alive well beyond that threshold.

As far as we are aware, this is the first case involving a cyclist that has resulted in a conviction under that legislation.

Gledhill will be sentenced on 12 January."

http://road.cc/content/news/171082-r...r-john-radford


Scum will get seven years.


"The plea came after Judge Christopher Batty had given an indication in court that if he was convicted after trial on that charge the starting point for a sentence would be six years."
  #6  
Old November 13th 15, 09:52 AM posted to uk.rec.cycling
John Smith[_7_]
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Posts: 1,055
Default Driver is first to be charged after law change

Alycidon wrote:
On Thursday, 12 November 2015 18:50:21 UTC, Alycidon wrote:


QUOTE:
"Prosecutors said the motorist had succumbed to "road rage" following an
altercation in July 2013 with the cyclist, aged 69 at the time, who was
left brain damaged and in a wheelchair as a result of his injuries.


"It's well past time they started protecting cyclists from nut-job
drivers in order to deter them from treating us like road litter. They
need to stop using the statutory law charge of dangerous driving and
start using the common law charge of manslaughter.


Cyclists, as members of a minority 'outgroup' are the victims of a
concerted campaign of threats, assault and murder.

No one is going to come to our aid. The state should be given one final
warning: you enforce the law, or we will do it for you.

--
john smith
'_The Guardian_. Wrong about everything. All the time'
(Anon)
  #7  
Old November 13th 15, 10:04 AM posted to uk.rec.cycling
David Lang
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Posts: 1,816
Default Driver is first to be charged after law change

On 13/11/2015 08:52, John Smith wrote:


Cyclists, as members of a minority 'outgroup' are the victims of a
concerted campaign of threats, assault and murder.


Oh you poor diddums. Are the nasty people being mean to you?

No one is going to come to our aid. The state should be given one final
warning: you enforce the law, or we will do it for you.

You could try holding your breath or threatening to scweam and scweam
and scweam until you are sick.

You need to learn your place and realise that cyclists are an
insignificant minority of road users.
  #8  
Old November 13th 15, 10:49 AM posted to uk.rec.cycling
Judith[_4_]
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Posts: 11,000
Default Driver is first to be charged after law change

On Thu, 12 Nov 2015 14:41:45 -0800 (PST), Alycidon wrote:

On Thursday, 12 November 2015 18:50:21 UTC, Alycidon wrote:
QUOTE:
"Prosecutors said the motorist had succumbed to "road rage" following an altercation in July 2013 with the cyclist, aged 69 at the time, who was left brain damaged and in a wheelchair as a result of his injuries.

Sadly, Mr Radford died from his injuries shortly after the trial and as a result of his death West Yorkshire Police referred the case back to the Crown Prosecution Service to examine whether fresh charges could be brought.

Until a reform of the law in 1996, that would have been impossible due to what was known as the "year and a day rule."

Under that longstanding common law principle, a person causing someone's death could not be charged in relation to it if 366 days or more had elapsed between the incident giving that ultimately led to the fatality and the victim's death.

It was scrapped under the Law Reform (Year and a Day Rule) Act 1996 partly as a result of advances in medical science that nowadays enable medical staff to keep victims of crime alive well beyond that threshold.

As far as we are aware, this is the first case involving a cyclist that has resulted in a conviction under that legislation.

Gledhill will be sentenced on 12 January."

http://road.cc/content/news/171082-r...r-john-radford


Scum will get seven years.



No - I think he will get the minimum, as the Judge has already said that he
contributed to his own injuries by not wearing a cycle helmet.

So gets six - out in three. Job done.




 




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