Another cyclist on trial for manslaughter

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Postboxer
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Re: Another cyclist on trial for manslaughter

Post by Postboxer »

From the daily mail report above there seems to be a suggestion there was another cyclist in front of the one on trial, who must have also gone through the red light. On at least one of the CCTV pictures, they aren't covering the brakes, though it's not clear where or when these images are from.
Bonefishblues
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Location: Near Bicester Oxon

Re: Another cyclist on trial for manslaughter

Post by Bonefishblues »

Postboxer wrote:From the daily mail report above there seems to be a suggestion there was another cyclist in front of the one on trial, who must have also gone through the red light. On at least one of the CCTV pictures, they aren't covering the brakes, though it's not clear where or when these images are from.

He's just followed the lead and been caught out when the bike in front swerved and he couldn't (also in the report) I expect.
thirdcrank
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Joined: 9 Jan 2007, 2:44pm

Re: Another cyclist on trial for manslaughter

Post by thirdcrank »

As I've been looking for background material to the s 35 Offences Against the Persona Act 1861, I've found a couple of references to R v Okosi 1996 clr 666 which seems to be considered an important case but I cannot find a report online and I stopped my subscription to the Criminal Law Review when Cap'n Bob took it over and hiked the prices. If anybody can dig it out it may be useful, or not.

Here's part of what the CPS guidance has to say (If you follow my link it's a long scroll down.)

Wanton and Furious Driving

The offence of wanton and furious driving under s.35 Offences against the Person Act 1861 (OAPA 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 two years’ imprisonment and/or an unlimited fine. Penalty points and discretionary disqualification can be imposed by the courts under s.28 Road Safety Act 2006.

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


https://www.cps.gov.uk/legal-guidance/r ... c-charging

Following the Alliston case, when there was a campaign to introduce an offence of causing death by dangerous cycling, the Department for Transport commissioned a Cycle Safety Review which is here:

https://assets.publishing.service.gov.u ... report.PDF

Unless I've missed it, the author of that review made no comment about the Law Commission's view I linked higher up that the s35 offence should be retained.
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Cowsham
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Re: Another cyclist on trial for manslaughter

Post by Cowsham »

I'll have to get a bell on my bike -- it's too silent -- the other day a woman was walking along the footpath looking at her feet while scratching her eyebrow obscuring her eyes with her hand and suddenly turned out to the edge of the road in front of me.

I had to say hello to make her look up and take notice of my arrival. She hadn't heard or seen my bike at all. I was travelling at around 12MPH and about a metre away from the kerb.

I want a tring-tring type bell that will not rust up is there any such thing.

This looks a good idea
https://www.chainreactioncycles.com/tri ... prod189164
I am here. Where are you?
Bonefishblues
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Joined: 7 Jul 2014, 9:45pm
Location: Near Bicester Oxon

Re: Another cyclist on trial for manslaughter

Post by Bonefishblues »

Also check out 'brass ping bells'
thirdcrank
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Re: Another cyclist on trial for manslaughter

Post by thirdcrank »

I've been thinking about an explanation of the s 35 Offence particularly the "furious" bit. The following is intended to help.

Whosoever, having the charge of any carriage or vehicle,

shall by wanton (driving)

or furious driving

or racing,

or other wilful misconduct,

or by wilful neglect,

do or cause to be done any bodily harm to any person whatsoever, shall be guilty of a misdemeanor, and being convicted thereof shall be liable, at the discretion of the court, to be imprisoned for any term not exceeding two years, ...


ie I think there are several different ways of committing this offence of which "furious driving" is only one and it's not a necessary part of the offence. It's not unusual for statutes, especially older ones to have several options and if a summons or charge makes it difficult for the defendant to know what they are actually accused of, then a charge may be ruled "bad for duplicity." I think that that situation is less likely in a trial on indictment - as in this case - because the counts of an indictment include the title of the offence followed by the details, which should make clear what is being alleged.
Postboxer
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Re: Another cyclist on trial for manslaughter

Post by Postboxer »

What if you accidentally went through a red light, as apposed to wilfully?
Jdsk
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Joined: 5 Mar 2019, 5:42pm

Re: Another cyclist on trial for manslaughter

Post by Jdsk »

Postboxer wrote:What if you accidentally went through a red light, as apposed to wilfully?

Section 36, RTA 1988 and Traffic Signs Regulations and General Directions 2002:
https://www.legislation.gov.uk/ukpga/1988/52/section/36
https://www.legislation.gov.uk/uksi/2002/3113/regulation/10/made

https://www.cyclinguk.org/article/whats-legal-and-whats-not-your-bike
http://www.cyclelaw.co.uk/cycling-offences-jumping-red-lights

Jonathan

PS: We could discuss "accidentally" and strict liability...
fastpedaller
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Re: Another cyclist on trial for manslaughter

Post by fastpedaller »

In the last of those links there is reference to a case, where the judge appears to 'accept verbatim' the evidence given by witnesses that the cyclist (defendant) was travelling in excess of 30MPH. I don't think there was any mention that he was an Olympic athlete? Which brings me back to my early assertation that (as a cyclist) I am concerned that witness statements such as presented above can be used to make a charge of 'Wanton & furious' stick. Clearly (on the scale of probability) it is highly unlikely the speed 'witnessed' was accurate, unless there was a very steep hill involved.
thirdcrank
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Joined: 9 Jan 2007, 2:44pm

Re: Another cyclist on trial for manslaughter

Post by thirdcrank »

fastpedaller wrote:In the last of those links there is reference to a case, where the judge appears to 'accept verbatim' the evidence given by witnesses that the cyclist (defendant) was travelling in excess of 30MPH. I don't think there was any mention that he was an Olympic athlete? Which brings me back to my early assertation that (as a cyclist) I am concerned that witness statements such as presented above can be used to make a charge of 'Wanton & furious' stick. Clearly (on the scale of probability) it is highly unlikely the speed 'witnessed' was accurate, unless there was a very steep hill involved.


In one of Jdsk's links there are references to two separate cases one where the rider was clocked on some sort of hand-held speed camera at 38 mph and another where the rider pleaded guilty when riding at 41mph. (I've no idea of the terrain and there's an issue about whether speed limits apply to pedal cycles under Royal Park Bylaws, IIRC)

https://road.cc/content/news/169880-hug ... hmond-park

Criminal prosecutions are proved with admissible evidence, often from witnesses. I had an unsuccessful look for "case, where the judge appears to 'accept verbatim' the evidence" but if you post a link or an easy clue for me to find it I'll try to offer some sort of explanation.
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Sum
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Re: Another cyclist on trial for manslaughter

Post by Sum »

fastpedaller referred to the last of JDSK's links, which mentions that the cyclist jumped a red light and knocked down a nine year old girl who stepped out onto the pedestrian crossing. The cyclist also admitted to a charge of causing grievous bodily harm (not 'Wanton & furious' it seems). Assuming the linked article to be accurate then I would suspect it is these aspects that convicted the cyclist, not that the judge convicted the cyclist solely on the eyewitness accounts that the cyclist was travelling in excess of 30MPH (if I understand fastpedaller's post correctly).
Jdsk
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Re: Another cyclist on trial for manslaughter

Post by Jdsk »

I think that's Benwell.

"The case of R v Benwell is also worth some consideration as this was a case prosecuted under section 20 of the Offences Against the Person Act 1861. Benwell hit a pedestrian at 30mph on a pedestrian crossing, ignoring a red light. The victim suffered a fractured skull. The defendant was sentenced to 12 months imprisonment."
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/685600/cycle-safety-review-report.PDF

https://road.cc/content/news/103569-12-months-jail-red-light-jumping-cyclist-who-left-9-year-old-girl-fractured
https://www.bournemouthecho.co.uk/news/10889269.jailed-cyclist-who-mowed-down-nine-year-old-leila-crofts-given-12-month-sentence/

Jonathan
fastpedaller
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Re: Another cyclist on trial for manslaughter

Post by fastpedaller »

Sum wrote:fastpedaller referred to the last of JDSK's links, which mentions that the cyclist jumped a red light and knocked down a nine year old girl who stepped out onto the pedestrian crossing. The cyclist also admitted to a charge of causing grievous bodily harm (not 'Wanton & furious' it seems). Assuming the linked article to be accurate then I would suspect it is these aspects that convicted the cyclist, not that the judge convicted the cyclist solely on the eyewitness accounts that the cyclist was travelling in excess of 30MPH (if I understand fastpedaller's post correctly).


Indeed you are correct as to my 'take' on the report. I may be incorrect, but it appears to me that as a result of the tragic outcome of some of the cases, that speed, jumoing a red light, or indeed leaving the scene are then brought to the forefront to enable conviction. Whilst these are to be condemned, they seem to be "glossed over" when the defendant happens to be a motorist.
thirdcrank
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Re: Another cyclist on trial for manslaughter

Post by thirdcrank »

It's amazing what garbage appears online. This purports to be a report of this crash. You couldn't make it up, as they say, but no need when online translating will do it for you.

The bike owner, accused of stabbing a hospital employee to loss of life, instructed a courtroom at the moment that he didn’t cease fearing that he can be despatched to Albania.

Amir Loka, 23, allegedly hit 72-year-old Peter McComb with a purple mild, whereas the HR administrator was on his means residence from the Royal London Hospital in Whitchapel.

After being hit, Mr. McCombin’s head hit the pavement so exhausting that it fractured his cranium and broken his mind.

The 72-year-old suffered a damaged jaw bone, a damaged rib and leg damage in a collision on July 3, 2020.

Snaresbrook Crown Courtroom heard that McComb was taken to the hospital for therapy however died of his accidents eight days later.

Mr. McCorrie’s head hit the pavement so exhausting that it fractured his cranium and broken his mind. The 72-year-old (pictured) additionally suffered a fractured jaw bone, a damaged rib and a collision in his legs. Snaresbrook Crown Courtroom heard that McComb was taken to the hospital for therapy however died of his accidents eight days later

Giving proof in courtroom, Loka claimed that he labored two jobs – at a development web site in Peckham and a Turkish restaurant in Gunts Hill – and was getting solely three hours of sleep the week earlier than the incident.

Hugh Mulan, defending Loka, requested how drained the 23-year-old was on the day of the incident.

Loka replied: ‘Frankly, I used to be fairly drained, but it surely was the final day and we have been leaving and I had a weekend to relaxation.’

The 23-year-old acknowledged that he had not deliberately handed by way of a purple mild and that he had by no means been there earlier than.

Describing the second he noticed Mr McCombick, Loka mentioned: ‘I observed that the particular person was frozen from place to put and I attempted to show to the precise, however I used to be not simply instinctively copying it Discovered what the bike owner did in entrance of me, I simply did not have time to do it.


https://uk.granthshala.com/albanian-bic ... liminated/
fastpedaller
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Location: Norfolk

Re: Another cyclist on trial for manslaughter

Post by fastpedaller »

I suspect a lot has been lost in translation, rather than being misleading or false with facts.
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