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Suspended sentence for motorist who doubled back to deliberately drive into cyclist

Cyclist heading the other way had encountered him driving in the middle of the road with his head down

A driver has been handed a suspended sentence after he deliberately ran down a cyclist near Plymouth. Paul Nodder, aged 37, chased and knocked over Jeff Stevenson after the cyclist remonstrated with him for driving with his head down.

The Plymouth Herald reports that Stevenson was cycling home from work along an unclassified road between Holbeton and Noss Mayo on June 26 last year when he encountered Nodder heading in the opposite direction, driving in the middle of the road.

“The defendant had his head down and was not looking where he was going,” said Nigel Hall, for the Crown Prosecution Service.

Nodder was said to have swerved violently back to the left when Stevenson urged him to get over, but after the two had passed, he turned round and deliberately drove into the cyclist, who was riding a £5,000 bike. GPS data showed the cyclist’s speed went from 22.7mph to zero at the moment of impact.

Stevenson was taken to Derriford Hospital with grazing and cuts and bruising and was off work for several days.

A witness described Nodder’s BMW coming from behind and knocking Stevenson into the air.

Judge James Townsend said: “This was a quite deliberate bad piece of driving committed on a cyclist, a vulnerable road user. He was put at substantial risk of being very seriously injured or worse. “t was perhaps miraculous that he survived with nasty but not severe injuries.”

Michael Green, defending, said Nodder suffered from learning difficulties, anxiety disorder and obsessive compulsive disorder and had suffered a breakdown several years ago.

He added: “He feels terrible for the injuries he has caused. He will commit to any suspended sentence fully.”

Nodder had a previous conviction and ban for driving without due care and attention in 2014.

He admitted dangerous driving and leaving the scene.

Judge Townsend handed Nodder an eight-month prison sentence, suspended for 18 months, with 80 hours unpaid work and an 18-month driving ban.

Townsend explained that the lack of a serious previous conviction was one reason why he did not impose a prison sentence, the other being that Nodder suffered “particular difficulties which would make a prison sentence particularly difficult” for him.

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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44 comments

Avatar
FluffyKittenofT... | 5 years ago
1 like

As far as the penal system goes, I'm not fixated on making perps suffer.  For me the main point of the system is neither punishment nor reform, but incapacitation.  A non-custodial punishment is fine as long as it stops someone from offending again.

 

  If, for whatever reason, you lack the self-control to obey the rules of society you have to have some of your freedoms removed so you stop causing harm to others.  One doesn't have to take glee in the idea of criminals suffering to acknowledge that.  In this case that would include never driving a car again.

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FluffyKittenofT... | 5 years ago
2 likes

The legal situation is so f'ed up that I found myself feeling a smigeon of sympathy for zombie-knife-guy, something I wouldn't normally feel.  I found myself wondering what exactly that motorist did to 'provoke' him.

  It's obvious had the situation been reversed, and if the driver had attacked him with a weapon (i.e. his car) causing damage to the bike, the legal outcome would have been completely different.   (And even on here there would have been a lot of muttering about what the victim did to provoke it and comments about how 'its no good being in the right if you are dead', while on the likes of the mail and LBC the comment would have been overwhelming that the victim probably deserved it).

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iandusud | 5 years ago
3 likes

This is unbelievable. If the excuses given by the defence for his behaviour behind the wheel of a car are genuine, and in the case of the sentencing they were deemed to be, then why is he ever allowed to get behind the wheel of a car again as the defence have clearly demonstrated that he is unfit to drive. There is no logic let alone justice in this sentencing. 

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Rik Mayals unde... | 5 years ago
7 likes

But a cyclist who hit a pedestrian who stepped off the pavement without looking because she was too engrossed with her phone gets jailed? Stop the world, I want to get off. 

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burtthebike replied to Rik Mayals underpants | 5 years ago
3 likes

biker phil wrote:

But a cyclist who hit a pedestrian who stepped off the pavement without looking because she was too engrossed with her phone gets jailed? Stop the world, I want to get off. 

If you are referring to the Alliston case, she wasn't on the phone; he made it up.  But she did step off the footpath, he did try to avoid her, the police re-enactment was a travesty; and he was jailed.

But she had a husband who knew people who knew people.  Not like cyclists.

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teakay | 5 years ago
1 like

https://www.plaintiffmagazine.com/item/bike-bias-in-jury-selection-and-u... until this changes it is a tough battle to see justice.

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teakay | 5 years ago
4 likes

Simply unbelievable, but it has got to the stage were it is expected. As mentioned before social media is so full of anti cycling sentiment that I don't think a cyclists has any chance of getting justice. I wonder if the London Bridge attackers would have been sent on there way if they had said they were only trying to teach some cyclist a lesson. We need to do something to stop this, but what?

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burtthebike | 5 years ago
5 likes

And in somewhat similar circumstances, a driver who knocked down two pedestrians gets 9 years and 9 months.  Disqualified for five years and has to take extended retest.  Justice: if anyone sees it around anywhere could they return it to whoever is in charge of the legal system please?

https://www.cheshire-live.co.uk/news/chester-cheshire-news/jail-female-d...

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HoarseMann replied to burtthebike | 5 years ago
7 likes

burtthebike wrote:

And in somewhat similar circumstances, a driver who knocked down two pedestrians gets 9 years and 9 months.  Disqualified for five years and has to take extended retest.  Justice: if anyone sees it around anywhere could they return it to whoever is in charge of the legal system please?

https://www.cheshire-live.co.uk/news/chester-cheshire-news/jail-female-d...

That’s the sort of length of sentence that should have been applied in this case. Surely there’s grounds to appeal against the leniency?

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Housecathst replied to HoarseMann | 5 years ago
4 likes

HoarseMann wrote:

burtthebike wrote:

And in somewhat similar circumstances, a driver who knocked down two pedestrians gets 9 years and 9 months.  Disqualified for five years and has to take extended retest.  Justice: if anyone sees it around anywhere could they return it to whoever is in charge of the legal system please?

https://www.cheshire-live.co.uk/news/chester-cheshire-news/jail-female-d...

That’s the sort of length of sentence that should have been applied in this case. Surely there’s grounds to appeal against the leniency?

 

that person appears to have been charged correctly by the cps with grievous bodily harm. Fuck know why this was just a driving offence. 

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HoarseMann replied to Housecathst | 5 years ago
3 likes

Housecathst wrote:

HoarseMann wrote:

burtthebike wrote:

And in somewhat similar circumstances, a driver who knocked down two pedestrians gets 9 years and 9 months.  Disqualified for five years and has to take extended retest.  Justice: if anyone sees it around anywhere could they return it to whoever is in charge of the legal system please?

https://www.cheshire-live.co.uk/news/chester-cheshire-news/jail-female-d...

That’s the sort of length of sentence that should have been applied in this case. Surely there’s grounds to appeal against the leniency?

 

that person appears to have been charged correctly by the cps with grievous bodily harm. Fuck know why this was just a driving offence. 

Good point. In cases like this, surely a charge relating to the driving offences AND the intent to cause GBH could be brought? Maybe this is still possible?

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kil0ran replied to HoarseMann | 5 years ago
5 likes

HoarseMann wrote:

Housecathst wrote:

HoarseMann wrote:

burtthebike wrote:

And in somewhat similar circumstances, a driver who knocked down two pedestrians gets 9 years and 9 months.  Disqualified for five years and has to take extended retest.  Justice: if anyone sees it around anywhere could they return it to whoever is in charge of the legal system please?

https://www.cheshire-live.co.uk/news/chester-cheshire-news/jail-female-d...

That’s the sort of length of sentence that should have been applied in this case. Surely there’s grounds to appeal against the leniency?

 

that person appears to have been charged correctly by the cps with grievous bodily harm. Fuck know why this was just a driving offence. 

Good point. In cases like this, surely a charge relating to the driving offences AND the intent to cause GBH could be brought? Maybe this is still possible?

5 years and extended retest? Beyond belief, why can't we have life bans as we do for firearms offences? Or ffs even cruelty to animals. 

The whole legal system relating to driving is flawed, there is no other activity where you can repeatedly break the law and get multiple "Get out of Jail Free" cards.

 

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burtthebike replied to kil0ran | 5 years ago
4 likes

kil0ran wrote:

The whole legal system relating to driving is flawed, there is no other activity where you can repeatedly break the law and get multiple "Get out of Jail Free" cards.

At the risk of repeating myself, this was what the 2014 review of road traffic law was supposed to be about, but the only thing they've done is introduce a new offence of causing death by dangerous cycling.

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HoarseMann | 5 years ago
1 like

He seems to have a thing for number plates with 666 in them. Best give any chavv'd up old banger matching that description a wide berth...

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burtthebike replied to HoarseMann | 5 years ago
4 likes

HoarseMann wrote:

He seems to have a thing for number plates with 666 in them. Best give any chavv'd up old banger matching that description a wide berth...

Wouldn't it be a shame if someone found out where he lived and trashed his car?  A real shame.

If they have any expenses, paint stripper, axe, stanley knife etc, I'd be happy to make a contribution.  Purely theoretically of course.

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HoarseMann replied to burtthebike | 5 years ago
4 likes

burtthebike wrote:

HoarseMann wrote:

He seems to have a thing for number plates with 666 in them. Best give any chavv'd up old banger matching that description a wide berth...

Wouldn't it be a shame if someone found out where he lived and trashed his car?  A real shame.

If they have any expenses, paint stripper, axe, stanley knife etc, I'd be happy to make a contribution.  Purely theoretically of course.

It gives his address in the Plymouth herald article. I think his car has been seized (and crushed hopefully) by the authorities, so no need for vigilante action.

As he’s been banned from driving, I wonder if his suspended sentence would be invoked if he was caught behind the wheel. Maybe any bikers local to the area could keep a look out and report him if he ignores his driving ban?

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burtthebike | 5 years ago
3 likes

The Plymouth Live article says that he was "smart suited" but I've never seen anyone less smart in a suit.

I'm rather doubtful about his claims to have learning difficulties and other problems, as his fb page shows that he studied "Studied Electrical and Mechanical Engineering & information technology" and owned and ran several stores.  Lots of pix of him and his mates with fast cars, but nothing about this case.  Interesting pic of him on July 22, less than a month after he tried to kill the cyclist.

https://www.facebook.com/Mega.Paul

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Hirsute replied to burtthebike | 5 years ago
2 likes

burtthebike wrote:

The Plymouth Live article says that he was "smart suited" but I've never seen anyone less smart in a suit.

I'm rather doubtful about his claims to have learning difficulties and other problems, as his fb page shows that he studied "Studied Electrical and Mechanical Engineering & information technology" and owned and ran several stores.  Lots of pix of him and his mates with fast cars, but nothing about this case.  Interesting pic of him on July 22, less than a month after he tried to kill the cyclist.

https://www.facebook.com/Mega.Paul

The cyclist 'disrepected' him then.

Reading these posts makes my blood boil, he clearly deliberately set out to severely injure or kill another person and effectively gets off scott free.

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antigee | 5 years ago
2 likes

Sentencing guidelines are available - google UK sentencing guidelines dangerous driving - not that easy to follow and show how complex the role of Judges and Magistrates is...problem with this case is that the sentence fits the guidelines. ..only debatable point is that the driver had a prior conviction resulting in  a driving ban that the Judge seems to consider minor and mitigating when should be treated as aggravating 

The problem with this case is that the charge doesn't reflect the intent of the driver which was to harm and injure the cyclist  - charge should have been assault of some sort - using road offence law when drivers have malicious intent and are choosing (through anger) to use a vehicle as a weapon is wrong and the law needs changing to cover this if the prosecution service can't see how to pursue these cases to conviction

As to the outcome of this case possibly prison isn't the solution but the light sentencing sends the message that you can deliberately  use a vehicle to cause harm, have the victim get "lucky" and then suffer very limited consequences... business as usual

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Jack Osbourne snr | 5 years ago
6 likes

Of all the ridiculous court rulings I have seen regarding dangerous driving and injured cyclists, this is one of the most disturbing.

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Butty | 5 years ago
9 likes

Surley the driver is suffering from one or a number of notifiable illnesses that the DVLA should be told about?

https://www.gov.uk/health-conditions-and-driving

His illnesses were bad enough to be used in mitigation for his actions.

Why on earth has he received a short term ban and not given up his licence? 

 

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Rick_Rude | 5 years ago
3 likes

As Alan Partridge once said "you're a big spastic and a mentalist".

Wtf are these people doing on the roads.

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srchar | 5 years ago
1 like

A juror was quoted as saying, "He spent five grand on a toy? There's only one thing worse than a cyclist, and that's a rich cyclist."

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john1967 | 5 years ago
3 likes

I have been saying for a while that i truly believe it is almost legal to kill cyclists.This does nothing to make me suspend that belief. Take care.

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HoarseMann | 5 years ago
4 likes

Soooo, he got off because of a lack of a previous “serious” conviction. So, this time they give him a conviction that’s not serious. Hmm.

But he was “smartly dressed”, that must be how 007 gets away with it... if it were not for the fact I’ve never seen someone so out-of-place in a suit as Nodder (pics on the Plymouth news article).

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handlebarcam | 5 years ago
5 likes

It should have been treated as assault and maybe also as a hate crime. If another driver had "urged him to get over" onto the correct side of the road, he'd never have turned around to teach them a lesson. It was because the other guy was a cyclist that he felt the rage and sense of entitlement to attack a member of an outgroup. But regardless of specifics, a lifetime driving ban would have been more than appropriate.

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Housecathst | 5 years ago
8 likes

If the cyclist has turn round and follow the driver and attacked him with his dlock I wonder what the charge would have been. Careless cycling ? 

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kil0ran | 5 years ago
6 likes

How is this different to the Gravesend nightclub attack?

https://www.kentonline.co.uk/gravesend/news/nightclub-attack-driver-jail...

It's pre-meditated and deliberate

"The intent to kill here is obvious. Why else deliberately drive at speed into a group of defenseless people offering no threat at all? In reality, the defendant could have had no other intention whatsoever."

I'm with the Croydon zombie knife guy on this one.

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bikeman01 | 5 years ago
6 likes

Michael Green, defending, said Nodder suffered from learning difficulties, anxiety disorder and obsessive compulsive disorder and had suffered a breakdown several years ago.

Typical BMW driver then.

 

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ridein | 5 years ago
7 likes

Judge Townsend needs suspension off the bench, after spending some time as a cyclist.

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