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Highgate hit-and-run driver who left cyclist seriously injured jailed for 20 months (+ video)

Judge tells Sean Fagan “One might have expected a normal, decent human being to stop”

A  hit-and-run motorist who was on the wrong side of the road when he crashed into a cyclist in Highgate, north London, causing him serious injuries, has been sentenced to 20 months’ imprisonment, with a judge telling him that “one might have expected a normal, decent human being to stop” following the collision.

The crash on Swain’s Lane – a popular climb for London cyclists happened on Easter Sunday, 21 April. It left 22-year-old medical student Josh Day with injuries including bleeding to the brain, a shattered nose and an injury to his knee that may prove permanent due to ligament damage.

Sean Fagan, aged 29 and from Crouch Hill, was arrested and charged after Mr Dey managed to obtain CCTV footage showing the motorist crashing his BMW convertible into him, throwing him through the air.

Last month, Fagan pleaded guilty at Blackfriars Crown Court to causing serious injury by dangerous driving, failure to stop and failure to report an accident.

He was sentenced today, reports Courtnews.co.uk, with Arizuna Asante, prosecuting, telling the court: “The victim in this case, who happens to be in court with his parents, is Mr Dey.

“In his statement, he describes that he was cycling around in his bicycle in Swain’s Lane.

“He recalls that at the roundabout he slowed down and proceeded to cross it, and he stopped to allow the flow of oncoming traffic.

“The last thing he remembers in waking up in a hospital in a lot of pain.”

The court was shown the CCTV footage of the incident, with Mr Asante adding that Mr Dey “has been told that his knee may never fully recover as the ligament is completely ripped.

“He had to retake his entire fourth year of his medical degree due to the impact on his cognitive function.”

In mitigation, Ciara McElvogue said that Fagan was distracted after arguing with his passenger, who was drunk.

“Nevertheless, he fully accepts that he lost control of that vehicle and that he was on the wrong side of the road,” she said.

Fagan was arrested more than two weeks after the incident and there has been no report of whether he too may have been drinking.

Ms McElvogue told the court that her client had a clean driving licence and that “he lost control on the day in question through distraction.

“He failed to stop at the site of the incident through panic,” she continued. “Of course, in hindsight, he acknowledges he should have stopped.

“At the moment he himself went into shock about the enormity of what had happened,” she added.

“He fully acknowledges not only the physical injuries that he has inflicted to Mr Dey but also how catastrophic this has been to Mr Dey’s life.”

Sentencing Fagan, Judge John Hillen told him: “You lost control of your vehicle, whatever the reason for that was, your driving was out of control and became dangerous.

“You approached that mini-roundabout with Mr Dey riding on his bicycle.

“Looking at the CCTV it was a terrifying moment for anyone, cyclist, pedestrian or another car coming from a different direction.

“You drove straight into Mr Dey and hit him head on so that he flew straight into the air and fell into the road motionless.

“One might have expected then for a normal, decent human being to stop at that point.

“Mr Dey could have been left with injuries which prevented him from continuing with a normal life or his life could have been taken completely by you, by your dangerous driving.”

Besides the jail sentence handed down, the judge also banned Fagan from driving for two years and ten months and issued a deprivation order relating to the BMW he was driving at the time he committed the offences.

Simon joined road.cc as news editor in 2009 and is now the site’s community editor, acting as a link between the team producing the content and our readers. A law and languages graduate, published translator and former retail analyst, he has reported on issues as diverse as cycling-related court cases, anti-doping investigations, the latest developments in the bike industry and the sport’s biggest races. Now back in London full-time after 15 years living in Oxford and Cambridge, he loves cycling along the Thames but misses having his former riding buddy, Elodie the miniature schnauzer, in the basket in front of him.

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22 comments

Avatar
teakay | 4 years ago
1 like

You wonder if the defendants come up with these excuses or if the defence lawyers have a list they can choose from. At least there was no mention of the victims clothing in the media releases.

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kitsunegari | 4 years ago
4 likes

That is horrific. 

As is the leniency of the sentence.

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BehindTheBikesheds | 4 years ago
14 likes

2 months less than  Alliston who did stay at the scene, did try to avoid the other road user, did slow down, wasn't distracted or drunk/drugged up. His crime was saying it wasn't his fault, having tattos, being a young white male and not having a brake which wouldn't have effected the outcome in terms of the collision in any case ... aside from when the MET take out the thinking time from equation and use a brand new bike with disc brakes with a person who is in no threat of harm and knows exactly at what point to brake.

Alliston was stitched up and thrown to the wolves, the assailent here won't even get past the local news and after those few seconds will be forgotten about.

Avatar
FluffyKittenofT... replied to BehindTheBikesheds | 4 years ago
3 likes
BehindTheBikesheds wrote:

2 months less than  Alliston who did stay at the scene, did try to avoid the other road user, did slow down, wasn't distracted or drunk/drugged up. His crime was saying it wasn't his fault, having tattos, being a young white male and not having a brake which wouldn't have effected the outcome in terms of the collision in any case ... aside from when the MET take out the thinking time from equation and use a brand new bike with disc brakes with a person who is in no threat of harm and knows exactly at what point to brake.

Alliston was stitched up and thrown to the wolves, the assailent here won't even get past the local news and after those few seconds will be forgotten about.

 

In every respect the driver's culpability here was greater than that of Alliston, I agree.

But are you seriously suggesting Alliston would have been treated more leniently if he'd not been white?

 

The only thing that would have made the coverage more biased is if he'd been Muslim.  The Mail would have wet itself with excitment.

 

Also, the difference with this case, I guess, is the outcome - fortunately the victim didn't die in this one.  Though that shouldn't really make a difference, as the exact way someone falls or the strength of their skull really shouldn't be a factor in sentencing - it ought to be entirely about the behaviour of the criminal.  That also brings up the double-standard regarding helmets, come to think of it.

Avatar
PRSboy | 4 years ago
11 likes

"In mitigation, Ciara McElvogue said that Fagan was distracted after arguing with his passenger, who was drunk."

How was that ever going to be in mitigation exactly?

 

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RoubaixCube | 4 years ago
4 likes

Not nearly long enough.

 

It was attempted murder or attempted vehicular manslaughter - the driver should serve a minimum of 5 years - Had it been a cyclist that mowed down a pedestrian and left them for dead, we'd be looking at a lot longer than 2years in the slammer.

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stev0n | 4 years ago
5 likes

-- charged after Mr Dey managed to obtain CCTV footage

 

I notice that it was the victim that had to find the cctv footage and not the police.  Assume little would have been done otherwise.

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BehindTheBikesheds | 4 years ago
1 like

20 months, pathetic, the BS from the defenc should have been destroyed by the judge. If there is a god then this POS 'accidentally' kills himself, one less lowest of the low to trouble the oxygen supply!

Avatar
racyrich | 4 years ago
2 likes

I don't think Gerald Butler knew but when he made Law Abiding Citizen he was actually starring in an instruction video.

Criminal, lawyer, judge. All got to go.

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millhouse | 4 years ago
0 likes

C@nt driving like a c@nt.
Pretty sure he was exceeding the 20 limit there!
The excuses given should not even be taken into account. All fabricated lies. He is only sorry that he got caught. Otherwise he would be be bragging to his pos mates for ages.
Eye for an eye is only way to get even close to justice.
Hope Mr Dey makes the best possible recovery.

Avatar
millhouse | 4 years ago
0 likes

C@nt driving like a c@nt.
Pretty sure he was exceeding the 20 limit there!
The excuses given should not even be taken into account. All fabricated lies. He is only sorry that he got caught. Otherwise he would be be bragging to his pos mates for ages.
Eye for an eye is only way to get even close to justice.
Hope Mr Dey makes the best possible recovery.

Avatar
millhouse | 4 years ago
4 likes

C@nt driving like a c@nt.
Pretty sure he was exceeding the 20 limit there!
The excuses given should not even be taken into account. All fabricated lies. He is only sorry that he got caught. Otherwise he would be be bragging to his pos mates for ages.
Eye for an eye is only way to get even close to justice.
Hope Mr Dey makes the best possible recovery.

Avatar
FluffyKittenofT... | 4 years ago
8 likes

If he'd been done for drunk driving, but not for failing to stop, would the sentence have been longer or shorter?

I just want to believe it isn't the case that a drunk driver is always better off doing a hit-and-run.

 

Just as with the cases of failing to identify the driver, it ought to be that the penalty for actions to cover something up should always be at least as high as the potental offence, IMO.

Avatar
srchar replied to FluffyKittenofTindalos | 4 years ago
6 likes
FluffyKittenofTindalos wrote:

If he'd been done for drunk driving, but not for failing to stop, would the sentence have been longer or shorter?

I just want to believe it isn't the case that a drunk driver is always better off doing a hit-and-run.

Just as with the cases of failing to identify the driver, it ought to be that the penalty for actions to cover something up should always be at least as high as the potental offence, IMO.

The maximum jail term for drink driving is the same as leaving the scene of an accident - 6 months.

The maximum jail term for causing death by dangerous driving (which covers drink driving) is 14 years; if the victim pulls through and is merely seriously injured, the driver could be sentenced to 5 years.

So, yes, you'd be punished less severely for driving off than you would be for being drunk.

Avatar
srchar | 4 years ago
2 likes

Probably pissed off his face and was dared to smash up the cyclist by his equally low-life passenger.

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Russell Orgazoid | 4 years ago
4 likes

I sincerely hope he has a really hard time in prison.

What a piece of shit.

Avatar
Xena replied to Russell Orgazoid | 4 years ago
2 likes
Plasterer's Radio wrote:

I sincerely hope he has a really hard time in prison.

What a piece of shit.

yeah all those hard core cycling prisoners are going to make it tough. Ha ha 

That driving was insane .he should never be allowed to drive again ,ever . A car is a weapon in the wrong hands .  That’s as good as attempted murder . The sentence should show that. 

Avatar
FerrisBFW | 4 years ago
9 likes

I never get this devine right to drive.  Why do we not see lifetime ban's?  Has there ever been a lifetime ban?

Poor bloke...

Avatar
burtthebike | 4 years ago
11 likes

“He failed to stop at the site of the incident through panic,” she continued. “Of course, in hindsight, he acknowledges he should have stopped."

The lousy pos had two weeks to get over his panic and come forward and confess, but he didn't because he thought he'd got away with it, so his hindsight was complete selfishness.  He'll serve 10 months and be driving again two years later, so the ban wasn't nearly long enough for someone who has proved that they have a callous disregard for the safety of other people and doesn't have the morals to admit what they've done.

Avatar
Nick T replied to burtthebike | 4 years ago
7 likes
burtthebike wrote:

The lousy pos had two weeks to get over his panic and come forward and confess, but he didn't because he thought he'd got away with it, so his hindsight was complete selfishness. 

I’m only speculating of course, but the 2 week wait would be quite handy if you were worried about any police test for drugs in your system turning up whatever you’d taken that day

Avatar
Rick_Rude | 4 years ago
6 likes

Some sort of eye for an eye punishment would be more suitable in these cases. He gets to be run over.

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ktache | 4 years ago
10 likes

The removal of the car is good.  A longer driving ban would have been better, with a retest.

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