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GBH assault by driver



 
 
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  #1  
Old July 6th 09, 09:17 PM posted to uk.rec.cycling
John Clayton
external usenet poster
 
Posts: 195
Default GBH assault by driver

Some readers may recall that some time ago I was set about by a lunatic
motorist.

He exited a side road into my path.
As one might expect I called him "*******" into his open window - no need to
shout it, he was VERY close to hitting me.
Moments later he turned up behind me and drove his car at me, I was lucky
enough to hear him approach and just get out of the way.
Then I recall him on foot waiting for me. I recall no more at all - my
next memory was the reversing noise ambulances make backing into A & E.

An overnight in hospital, many calls to "Maxillio facial" (broken jawbone,
two sites), "Fracture Clinic" (broken collarbone, suspected broken rib(s)),
Dentist (to sort my busted railings out), Police photographer (very bright
purple/ yellow torso) and two weeks off work.

Many months later he was charged with "Section 20 GBH". Apparently this is
too serious for Magistrates to deal with and has to go to Crown Court. He
chooses to plead guilty at an earlier hearing and I choose to attend him
being sentenced. We have a huge media scrum at Leeds, but sadly not for
this - it happens to also be the same day for Karen Matthews (mother of
Shannon) to be sentenced.

I don't know what she got, but Peter Reid (my assailant) turned up on two
sticks, lame, fat and damn useless with a collection of doctor's
certificates testifying to his immobility, diabetes, prolapsed disc, living
on benefits, unemployed and possibly other defects I can't now recall.

Judge states that "no good purpose will be served by a custodial sentence
for you". He awarded me £735.00 damages, split top, busted rear wheel, 2
weeks lost pay and other losses payable at £15 per week. This was in
January 2009, the fourth payment (total £60.00) arrived yesterday. Reid was
ordered to serve "community service", but no time was stated - I cannot
easily imagine what useful task can be given this man in his reported
condition.

Considering this man has the appearance of a "national fronter" - bald head,
leather jacket, heavily built, 45 years old, 17 year old girlfriend
(according to Police) and the "quality" of witnesses - 5 doctors! Must
have been a minibus full of them following me?

I'm writing this for your interest / information only. Not looking for
sympathy or comment, just be careful out there. Police were, in my view
perfectly good, they pressed CPS for the most severe charge possible, CPS
complied, loads of witnesses came forward, Crown Court felt their hands tied
by Chancellors guidelines regarding length of financial penalty. I don't
know the answer to this.

But we must try.

John Clayton
Calder Clarion C.C.


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  #2  
Old July 6th 09, 09:20 PM posted to uk.rec.cycling
Brimstone[_8_]
external usenet poster
 
Posts: 1,237
Default GBH assault by driver

John Clayton wrote:
Some readers may recall that some time ago I was set about by a
lunatic motorist.

He exited a side road into my path.
As one might expect I called him "*******" into his open window - no
need to shout it, he was VERY close to hitting me.
Moments later he turned up behind me and drove his car at me, I was
lucky enough to hear him approach and just get out of the way.
Then I recall him on foot waiting for me. I recall no more at all
- my next memory was the reversing noise ambulances make backing into
A & E.
An overnight in hospital, many calls to "Maxillio facial" (broken
jawbone, two sites), "Fracture Clinic" (broken collarbone, suspected
broken rib(s)), Dentist (to sort my busted railings out), Police
photographer (very bright purple/ yellow torso) and two weeks off
work.
Many months later he was charged with "Section 20 GBH". Apparently
this is too serious for Magistrates to deal with and has to go to
Crown Court. He chooses to plead guilty at an earlier hearing and I
choose to attend him being sentenced. We have a huge media scrum
at Leeds, but sadly not for this - it happens to also be the same day
for Karen Matthews (mother of Shannon) to be sentenced.

I don't know what she got, but Peter Reid (my assailant) turned up on
two sticks, lame, fat and damn useless with a collection of doctor's
certificates testifying to his immobility, diabetes, prolapsed disc,
living on benefits, unemployed and possibly other defects I can't now
recall.
Judge states that "no good purpose will be served by a custodial
sentence for you". He awarded me £735.00 damages, split top, busted
rear wheel, 2 weeks lost pay and other losses payable at £15 per
week. This was in January 2009, the fourth payment (total £60.00)
arrived yesterday. Reid was ordered to serve "community service",
but no time was stated - I cannot easily imagine what useful task can
be given this man in his reported condition.

Considering this man has the appearance of a "national fronter" -
bald head, leather jacket, heavily built, 45 years old, 17 year old
girlfriend (according to Police) and the "quality" of witnesses - 5
doctors! Must have been a minibus full of them following me?

I'm writing this for your interest / information only. Not looking
for sympathy or comment, just be careful out there. Police were, in
my view perfectly good, they pressed CPS for the most severe charge
possible, CPS complied, loads of witnesses came forward, Crown Court
felt their hands tied by Chancellors guidelines regarding length of
financial penalty. I don't know the answer to this.

But we must try.

Indeed, summary justice with a punishment to fit the crime comes to mind.
Not by you of course.


  #3  
Old July 6th 09, 09:56 PM posted to uk.rec.cycling
spindrift
external usenet poster
 
Posts: 1,885
Default GBH assault by driver

On 6 July, 21:17, "John Clayton"
wrote:
Some readers may recall that some time ago I was set about by a lunatic
motorist.

He exited a side road into my path.
As one might expect I called him "*******" into his open window - no need to
shout it, he was VERY close to hitting me.
Moments later he turned up behind me and drove his car at me, I was lucky
enough to hear him approach and just get out of the way.
Then I recall him on foot waiting for me. * *I recall no more at all - my
next memory was the reversing noise ambulances make backing into A & E.

An overnight in hospital, many calls to "Maxillio facial" (broken jawbone,
two sites), "Fracture Clinic" (broken collarbone, suspected broken rib(s)),
Dentist (to sort my busted railings out), *Police photographer (very bright
purple/ yellow torso) and two weeks off work.

Many months later he was charged with "Section 20 GBH". *Apparently this is
too serious for Magistrates to deal with and has to go to Crown Court. * He
chooses to plead guilty at an earlier hearing and I choose to attend him
being sentenced. * * We have a huge media scrum at Leeds, but sadly not for
this - it happens to also be the same day for Karen Matthews (mother of
Shannon) to be sentenced.

I don't know what she got, but Peter Reid (my assailant) turned up on two
sticks, lame, fat and damn useless with a collection of doctor's
certificates testifying to his immobility, diabetes, prolapsed disc, living
on benefits, unemployed and possibly other defects I can't now recall.

Judge states that "no good purpose will be served by a custodial sentence
for you". *He awarded me £735.00 damages, split top, busted rear wheel, 2
weeks lost pay and other losses payable at £15 per week. *This was in
January 2009, the fourth payment (total £60.00) arrived yesterday. *Reid was
ordered to serve "community service", but no time was stated - I cannot
easily imagine what useful task can be given this man in his reported
condition.

Considering this man has the appearance of a "national fronter" - bald head,
leather jacket, heavily built, 45 years old, 17 year old girlfriend
(according to Police) and the "quality" of witnesses - 5 doctors! * Must
have been a minibus full of them following me?

I'm writing this for your interest / information only. * Not looking for
sympathy or comment, just be careful out there. * Police were, in my view
perfectly good, they pressed CPS for the most severe charge possible, CPS
complied, loads of witnesses came forward, Crown Court felt their hands tied
by Chancellors guidelines regarding length of financial penalty. * I don't
know the answer to this.

But we must try.

John Clayton
Calder Clarion C.C.


Did any press cover this? That's a shocking story.
  #4  
Old July 6th 09, 10:21 PM posted to uk.rec.cycling
John Clayton
external usenet poster
 
Posts: 195
Default GBH assault by driver


"spindrift" wrote in message
...
On 6 July, 21:17, "John Clayton"
wrote:
Some readers may recall that some time ago I was set about by a lunatic
motorist.

snipped
I'm writing this for your interest / information only. Not looking for
sympathy or comment, just be careful out there. Police were, in my view
perfectly good, they pressed CPS for the most severe charge possible, CPS
complied, loads of witnesses came forward, Crown Court felt their hands
tied
by Chancellors guidelines regarding length of financial penalty. I don't
know the answer to this.

But we must try.

John Clayton
Calder Clarion C.C.


Did any press cover this? That's a shocking story.

I looked in the Dewsbury Reporter, also the Yorkshire Evening Post and
Yorkshire Post. There was, as I said a bigger (national) story in the
adjacent court that very day.
Lots of issues here and few obvious answers.
Except perhaps the fact that we need more protection. This could be legal
sanctions or possibly driver education.
John


  #5  
Old July 6th 09, 10:26 PM posted to uk.rec.cycling
spindrift
external usenet poster
 
Posts: 1,885
Default GBH assault by driver

On 6 July, 22:21, "John Clayton"
wrote:
"spindrift" wrote in message

...
On 6 July, 21:17, "John Clayton"
wrote:

Some readers may recall that some time ago I was set about by a lunatic
motorist.

snipped
I'm writing this for your interest / information only. Not looking for
sympathy or comment, just be careful out there. Police were, in my view
perfectly good, they pressed CPS for the most severe charge possible, CPS
complied, loads of witnesses came forward, Crown Court felt their hands
tied
by Chancellors guidelines regarding length of financial penalty. I don't
know the answer to this.


But we must try.


John Clayton
Calder Clarion C.C.


Did any press cover this? That's a shocking story.

I looked in the Dewsbury Reporter, also the Yorkshire Evening Post and
Yorkshire Post. * *There was, as I said a bigger (national) story in the
adjacent court that very day.
Lots of issues here and few obvious answers.
Except perhaps the fact that we need more protection. * This could be legal
sanctions or possibly driver education.
John


The doctor's evidence would have counted for him losing his licence,
I'd have thought. That and the fact he used his car as a weapon.
  #6  
Old July 6th 09, 10:42 PM posted to uk.rec.cycling
John Clayton
external usenet poster
 
Posts: 195
Default GBH assault by driver


"spindrift" wrote in message
...
On 6 July, 22:21, "John Clayton"
Did any press cover this? That's a shocking story.

I looked in the Dewsbury Reporter, also the Yorkshire Evening Post and
Yorkshire Post. There was, as I said a bigger (national) story in the
adjacent court that very day.
Lots of issues here and few obvious answers.
Except perhaps the fact that we need more protection. This could be legal
sanctions or possibly driver education.
John


The doctor's evidence would have counted for him losing his licence,
I'd have thought. That and the fact he used his car as a weapon.

The particular legal problem here is that once he left his vehicle to
physically attact me it becomes criminal assault rather than a road traffic
offence.
I know it's wrong, but sadly many other things are also wrong.

John


  #7  
Old July 6th 09, 10:46 PM posted to uk.rec.cycling
spindrift
external usenet poster
 
Posts: 1,885
Default GBH assault by driver

On 6 July, 22:42, "John Clayton"
wrote:
"spindrift" wrote in message

...
On 6 July, 22:21, "John Clayton"

Did any press cover this? That's a shocking story.


I looked in the Dewsbury Reporter, also the Yorkshire Evening Post and
Yorkshire Post. There was, as I said a bigger (national) story in the
adjacent court that very day.
Lots of issues here and few obvious answers.
Except perhaps the fact that we need more protection. This could be legal
sanctions or possibly driver education.
John


The doctor's evidence would have counted for him losing his licence,
I'd have thought. That and the fact he used his car as a weapon.

The particular legal problem here is that once he left his vehicle to
physically attact me it becomes criminal assault rather than a road traffic
offence.
I know it's wrong, but sadly many other things are also wrong.

John


unbelievable.
  #8  
Old July 6th 09, 10:59 PM posted to uk.rec.cycling
Simon Brooke[_2_]
external usenet poster
 
Posts: 671
Default GBH assault by driver

On 6 July, 21:17, "John Clayton"
wrote:
Some readers may recall that some time ago I was set about by a lunatic
motorist.

He exited a side road into my path.
As one might expect I called him "*******" into his open window - no need to
shout it, he was VERY close to hitting me.


You have my deepest sympathy. As you may know I was assaulted by a
motorist in February - fortunately nothing like as seriously as you -
and it was a very frightening experience.

It does not make economic sense to put people in prison - heaven knows
our prisons are too full anyway. But *why* for the love of God and
little fishes will the courts not take their driving licences away?!?!
That is a punishment that would hurt, and therefore a punishment which
would deter; and it costs the taxpayer nothing. I appreciate that in
your case your assailant was not charged with a motoring offence, but
he *should* have been.

Have you had any support from the Victims of Crime people? I was
offered counselling, although by the time the offer was made I no
longer felt I needed it.
  #9  
Old July 6th 09, 11:12 PM posted to uk.rec.cycling
JNugent[_5_]
external usenet poster
 
Posts: 3,985
Default GBH assault by driver

Simon Brooke wrote:

"John Clayton" wrote:


Some readers may recall that some time ago I was set about by a lunatic
motorist.
He exited a side road into my path.
As one might expect I called him "*******" into his open window - no need to
shout it, he was VERY close to hitting me.


You have my deepest sympathy. As you may know I was assaulted by a
motorist in February - fortunately nothing like as seriously as you -
and it was a very frightening experience.


It does not make economic sense to put people in prison - heaven knows
our prisons are too full anyway. But *why* for the love of God and
little fishes will the courts not take their driving licences away?!?!
That is a punishment that would hurt, and therefore a punishment which
would deter;


But is it an available penalty?

There aren't many offences outside the scope of traffic law which can lead to
driving disqualification. There are some, but is assault one of them?

and it costs the taxpayer nothing.


It does if it makes the person concerned unemployed or unemployable (I am not
saying that this is a reason not to disqualify where it is deserved).

I appreciate that in
your case your assailant was not charged with a motoring offence, but
he *should* have been.


Which one?

Exiting a side street across a give-way line into the path of approaching
traffic is done probably millions of times a day without incident. The
distances and relative speeds involved are crucial. It would not be practical
to expect no-one ever to emerge from a minor road simply because traffic was
approaching and visible.

Even in cases serious enough to be prosecuted, the penalty would usually be a
fine and an endorsement (and not the endorsement where the offender is a
cyclist).

Have you had any support from the Victims of Crime people? I was
offered counselling, although by the time the offer was made I no
longer felt I needed it.

  #10  
Old July 6th 09, 11:15 PM posted to uk.rec.cycling
spindrift
external usenet poster
 
Posts: 1,885
Default GBH assault by driver

On 6 July, 22:59, Simon Brooke wrote:
On 6 July, 21:17, "John Clayton"
wrote:

Some readers may recall that some time ago I was set about by a lunatic
motorist.


He exited a side road into my path.
As one might expect I called him "*******" into his open window - no need to
shout it, he was VERY close to hitting me.


You have my deepest sympathy. As you may know I was assaulted by a
motorist in February - fortunately nothing like as seriously as you -
and it was a very frightening experience.

It does not make economic sense to put people in prison - heaven knows
our prisons are too full anyway. But *why* for the love of God and
little fishes will the courts not take their driving licences away?!?!
That is a punishment that would hurt, and therefore a punishment which
would deter; and it costs the taxpayer nothing. I appreciate that in
your case your assailant was not charged with a motoring offence, but
he *should* have been.

Have you had any support from the Victims of Crime people? I was
offered counselling, although by the time the offer was made I no
longer felt I needed it.


Maybe that's why the rate of vehicles being used as weapons is so low.











When it happens, it's not even recorded.
 




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