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Motorist who punched cyclist into oncoming traffic jailed for two years

“Will it teach him a lesson? I doubt it very much,” says victim

A driver who took exception to a cyclist asking him to leave more room when overtaking has been jailed for two years for punching him into oncoming traffic.

The BBC reports that Gareth Marshall, 43, was cycling on Beaufort Hill, Ebbw Vale on January 11 when he noticed revving behind him.

The motorist, Darren Hefferman, 37, was trying to overtake and was being prevented from doing so by oncoming traffic.

Stephen Donoghue, prosecuting, said: "Eventually [Hefferman] did go past. As the car passed, the passenger window was open and Mr Marshall said 'Give me a bit more room, mate' because he had gone quite close.

"Whether it was that or some other reason, the defendant became angry. Not very far up the road the defendant stopped his car and when Mr Marshall went past, the defendant punched him to the head or pushed him – in any event attacked him – and caused him to come off his bike and fall into the carriageway of the oncoming traffic."

Marshall hit his head on the bonnet of a van and ended up trapped under its wheels. He suffered a broken left collar bone, two fractures to his left shoulder, six or seven broken ribs, a damaged lung, a shattered pelvis, a dislocated right hip, a major burn to his lower back and three fractured vertebrae.

He was initially confined to a wheelchair but has since been able to walk again and has recently restarted cycling.

In a victim impact statement, Marshall said he had lost fitness and confidence, and was "unable to do the simplest of things". He added: "I dream of death or falling or being chased by a car that is trying to kill me."

Hefferman denied punching the cyclist and claimed Marshall had sworn at his wife, a passenger in the car, arguing that this was what had made him angry.

Jenny Yeo, defending, said: "He accepts responsibility and he tried to speak to Mr Marshall and his frustration led to the push, which led to devastating consequences but there was no intention to cause the injuries that were caused."

Judge Richard Williams said: "Mr Marshall was concerned about how close you passed and called out that you should make more room for cyclists.

"You took exception to this and decided to do something about this. You pulled into the side of the road and waited for Mr Marshall and as he rode by you pushed him off his bike.

"Your behaviour was arrogant, stupid and dangerous and it shows a total lack of self-control.

"Mr Marshall suffered catastrophic injuries from what you did and will have to live with the consequences of your actions for the rest of his life.

"This incident arose because of your total lack of ability to control your temper and the consequences for Mr Marshall will be life-long.

"Confrontations between road users of this kind must be deterred and when they happen they must be dealt with severely."

Speaking afterwards, Marshall said: "I am pleased he has gone to prison but will it teach him a lesson? I doubt it very much.

"He knew what he was doing. To say it was a push is a joke and to say I abused his wife is total nonsense.”

He added: "I am disappointed with the sentence he received and would have liked him to receive longer as a deterrent.”

Alex has written for more cricket publications than the rest of the road.cc team combined. Despite the apparent evidence of this picture, he doesn't especially like cake.

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20 comments

Avatar
randonneur | 5 years ago
1 like

I think it's best to get the close pass on camera and report to Police.
It's not worth it being mashed up like that just to have your say.
This type of driver can't help it, anyone who stops ahead is wanting a fight that they will win.
It's very satisfying and probably better for the motorist to receive a prosecution letter from the Police with no connection to you or driver involvement with you.
It's also about staying safe, the close pass is done what's next, a fist fight with the driver.
No skip that and let the driver be wondering how he/she appeared on film, maybe a close pass on the next cyclist is not a good idea.

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BehindTheBikesheds | 5 years ago
0 likes

Any bodily harm could mean a very minor injury, as we know, police are not interested in minor injuries to cyclists (nor even on occasion major ones either) and do not consider them to be crimes so applying wanton to cyclists should be seen in exactly the same way as motorists being let off for their actions.

You can't have yet another discriminatory outcome for lesser harm compared to that to someone in a known killing machine acting in a similar manner, to attempt to compare the two is ridiculous in the extreme. 1.5ton mass or 6-25kg bicycle!

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BehindTheBikesheds | 5 years ago
1 like

Furious cycling is a low level crime because the outcome of such is massively less likely to harm at a level that a motirist could do whilst being just a little bit careless. It's the equalling up the criminal offences and no doubt the punishments that I'm worried about because, the public, jurists, judges and even police cannot see the massive difference between a cyclist who goes on the pavement to avoid a busy road for their safety and collides with a person walking around the corner who then dies, mainly because they are old and infirm, to a motorist who callously and recklessly uses their vehicle at five times the speed of the cyclist and kills four people. 

According to those with the power, the former is borderline hanging, the latter, an unfortunate 'accident' with a chief constable making excuses for the motorist right from the outset which are a pack of lies.

We have been fucked over time and time and time again, it isn't going to get worse unless someone takes legal action against the goivernment to stop these injustices and unlawful discrimination against one group and one group only. It is having the effect of more deaths and life changing injuries, people being forced to renounce the group for fear of being killed.

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FrankH replied to BehindTheBikesheds | 5 years ago
0 likes

BehindTheBikesheds wrote:

Furious cycling is a low level crime because the outcome of such is massively less likely to harm at a level that a motirist could do whilst being just a little bit careless...

The offence is "Causing bodily harm by wanton or furious driving". "Whosoever, having the charge of any carriage or vehicle, shall by wanton 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 ..."
https://en.wikipedia.org/wiki/Causing_bodily_harm_by_wanton_or_furious_d...

Furious cycling isn't of itself even a low level crime. It only becomes a crime if somebody is injured.

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vonhelmet | 5 years ago
2 likes

I don’t think laws really deteriorate with age, though they may become less relevant or need updating. Furious cycling is an odd offence, and could probably go, and it’s not unreasonable to suggest that there should be a law for causing death or serious injury while cycling, though one has to wonder whether it’s worth the effort given the rarity of such occurrences. You’d be better looking at why no one convicts on dangerous or careless driving offences if you wanted to deal with ineffective laws, but there’s no public appetite for that. I certainly don’t that GBH needs updating, and certainly not in the light of this case. If you push someone into the path of traffic and cause them to be injured, then that’s GBH, and that’s what he was charged with. Ta da. 2 years is within the range of acceptable sentencing, though one wonders what you’d have to do that he didn’t to hit the higher end of things.

Either way, the charge and sentence are in accordance with the law. You might argue that the judge could have imposed a stricter sentence, but that’s down to the judge, not the law.

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Yorkshire wallet | 5 years ago
4 likes

Sorry lads, i have to do it.

I hope he's lost control of his sphincter by the time he's released. #himtoo

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Russell Orgazoid replied to Yorkshire wallet | 5 years ago
1 like

Yorkshire wallet wrote:

Sorry lads, i have to do it. I hope he's lost control of his sphincter by the time he's released. #himtoo

Don't be sorry.

I hope he is ass raped by every AIDS ridden junkie.

No Patience to overtake properly but the world stops turning when his pride is hurt. 

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Hirsute | 5 years ago
6 likes

You might all think it was lenient, well how about this one from last year ?

https://road.cc/content/news/230556-van-driver-pleads-guilty-assault-aft...

"Further down the road he had stopped and, as the complainant went past, he rugby tackled her from the bike and she hit the back of her head on the road surface.”

Her injuries, which besides a broken sacrum as well as cuts and bruises meant she was unable to run or cycle for eight weeks.

 

And the outcome was

a suspended prison sentence and ordered to pay compensation.

https://www.cyclingweekly.com/news/latest-news/van-driver-assaulted-cycl...

 

No doubt a suspended setence because "To be honest, I thought you were a bloke”.

 

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BehindTheBikesheds | 5 years ago
4 likes

So premeditated GBH, and he gets two sodding years, this country is a joke, counter that with 18 months because someone decided to run into you whilst you're braking and steering away from them ffs!

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burtthebike replied to BehindTheBikesheds | 5 years ago
2 likes

BehindTheBikesheds wrote:

So premeditated GBH, and he gets two sodding years...

It was only a cyclist.

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Richard D | 5 years ago
5 likes

The victim cannot appeal against an unduly lenient sentence.  Only the Attorney General (acting through the CPS) can.

And the AG can only appeal in "indictable only" matters.  Section 18 - GBH with intent - is such an offence, but Secton 20 (the cargo in this case) is not.  Of course, the CPS could/should have charged a Section 18, but that’s for proper nightclub fights; a cyclist doesn’t merit that level of care, obviously.

Frankly  had the car been in motion I doubt that the CPS would have done anything more than a careless driving charge - £200 fine and a "please don’t (get caught if you) do it again".

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gcommie replied to Richard D | 5 years ago
2 likes

Richard D wrote:

The victim cannot appeal against an unduly lenient sentence.  Only the Attorney General (acting through the CPS) can.

True in the absolute sense that a victim cannot "appeal", but they can raise the matter of an unduly lenient sentence with the CPS within the 28-day period following a conviction. A well worded letter as to the impact on the victim and how, as people have said, had the same injuries been caused in other ways the sentence would likely have been higher could result in an increased sentence; particularly if done in parallel with a media campaign that gets public support. And I for one would support it.

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Awavey replied to gcommie | 5 years ago
4 likes

gcommie wrote:

Richard D wrote:

The victim cannot appeal against an unduly lenient sentence.  Only the Attorney General (acting through the CPS) can.

True in the absolute sense that a victim cannot "appeal", but they can raise the matter of an unduly lenient sentence with the CPS within the 28-day period following a conviction. A well worded letter as to the impact on the victim and how, as people have said, had the same injuries been caused in other ways the sentence would likely have been higher could result in an increased sentence; particularly if done in parallel with a media campaign that gets public support. And I for one would support it.

 

maybe we could start a campaign, after all GBH (which the Beeb are claiming he pleaded guilty to,but which doesnt make sense as GBH minimum prison sentence is more than 2 years) is part of that ancient offences against person act from way back in 1861,its a Victorian law clearly not fit for purpose in the modern world...as there werent vans on the road that someones clenched fist pushing you off your bike in front of that could cause harm to you back then.

 

 

 

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brooksby replied to Awavey | 5 years ago
2 likes

Awavey wrote:

gcommie wrote:

Richard D wrote:

The victim cannot appeal against an unduly lenient sentence.  Only the Attorney General (acting through the CPS) can.

True in the absolute sense that a victim cannot "appeal", but they can raise the matter of an unduly lenient sentence with the CPS within the 28-day period following a conviction. A well worded letter as to the impact on the victim and how, as people have said, had the same injuries been caused in other ways the sentence would likely have been higher could result in an increased sentence; particularly if done in parallel with a media campaign that gets public support. And I for one would support it.

maybe we could start a campaign, after all GBH (which the Beeb are claiming he pleaded guilty to,but which doesnt make sense as GBH minimum prison sentence is more than 2 years) is part of that ancient offences against person act from way back in 1861,its a Victorian law clearly not fit for purpose in the modern world...as there werent vans on the road that someones clenched fist pushing you off your bike in front of that could cause harm to you back then.

True. The supposed reason for the legal review following the Allison case was that laws from the 19th century weren’t fit for purpose, so how come The offences against the person act is still fine to use?

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burtthebike | 5 years ago
8 likes

I'm wondering what the sentence would be for someone walking down the street who attacked a stranger and left them with such horrific injuries?

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ironmancole | 5 years ago
4 likes

Definitely appeal, far too lenient.  The judge himself used the words 'catastrophic' and 'lack of ability to control temper' so it follows that this guy should have both a longer sentence for the deliberate injuries he chose to inflict and secondly to have his licence revoked on the grounds that he's a %ucking liability to the wider public on the SHARED public highway.

Frankly he was unlucky to get a custodial sentence given the violence out there but agree, had he just run the guy over we'd be looking at a brief ban and a small fine at best.

Yet still we all do nothing as an oppressed collective apart from click on these stories and berate wider society.  

 

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gcommie | 5 years ago
3 likes

The cyclist should appeal the sentence. Don't accept two years. Make the judicsory answerable for it's poor sentencing.

I'm due to be attending a case of careless driving due to a driver running in to the back of me and already am expecting to be appealling whatever sentence is handed out.

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vonhelmet | 5 years ago
9 likes

The irony being he’d probably have got a shorter sentence if he’d just brake checked the cyclist or sideswiped him. Two years? You don’t get that for killing someone with your car!

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Pushing50 replied to vonhelmet | 5 years ago
3 likes

vonhelmet wrote:

The irony being he’d probably have got a shorter sentence if he’d just braked the cyclist or sideswiped him. Two years? You don’t get that for killing someone with your car!

I hadn't thought of it quite like that but now you mention it, how right you are.

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Pushing50 | 5 years ago
12 likes

Not long enough IMHO. Bastard could have, and very nearly did, kill a man for a lack of control. Two years for this is somewhat lenient and again a driver is given a short sentence for attacking a cyclist. 

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