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Driver fined £625 & given five points for attacking cyclist with car

Deliberately hitting a cyclist: "driving without due care and attention"...

A driver who left the scene after deliberately driving into a cyclist and knocking him off his bike in Richmond Park has been fined just £625 and given five penalty points.

Jon Weale, 29, from Kingston, Surrey was driving his Jaguar X-type on Sawyer’s Hill in the park on July 27 last year, when he drew alongside a cyclist, Lavender Hill Magistrates’ Court heard.

According to Tom Ambrose in the Richmond & Twickenham Times, Weale’s passenger shouted abuse at the cyclist about who had right of way. Weale sounded his horn and the rider responded by swearing.

Weale then drove at the cyclist, knocked him off his bike, and drove away.

He pleaded not guilty to charges of driving without due care and attention and failing to stop.

The court fined Weale £100 for careless driving but did not endorse his licence. He was fined a further £250 and ordered to pay £250 costs and a victim surcharge of £25.

For the failing to stop offence he was given five penalty points.

John has been writing about bikes and cycling for over 30 years since discovering that people were mug enough to pay him for it rather than expecting him to do an honest day's work.

He was heavily involved in the mountain bike boom of the late 1980s as a racer, team manager and race promoter, and that led to writing for Mountain Biking UK magazine shortly after its inception. He got the gig by phoning up the editor and telling him the magazine was rubbish and he could do better. Rather than telling him to get lost, MBUK editor Tym Manley called John’s bluff and the rest is history.

Since then he has worked on MTB Pro magazine and was editor of Maximum Mountain Bike and Australian Mountain Bike magazines, before switching to the web in 2000 to work for CyclingNews.com. Along with road.cc founder Tony Farrelly, John was on the launch team for BikeRadar.com and subsequently became editor in chief of Future Publishing’s group of cycling magazines and websites, including Cycling Plus, MBUK, What Mountain Bike and Procycling.

John has also written for Cyclist magazine, edited the BikeMagic website and was founding editor of TotalWomensCycling.com before handing over to someone far more representative of the site's main audience.

He joined road.cc in 2013. He lives in Cambridge where the lack of hills is more than made up for by the headwinds.

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75 comments

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banzicyclist2 | 9 years ago
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Using a gun to kill someone is just plain stupid.... use your car to run them over. The senile old bastards in court will let you off with finger wagging, probably for getting caught!

Surely you already knew that!?!  7

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workhard | 9 years ago
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A Polish national called Wlodzimierz Umaniec, also known as Vladimir Umanets, attacked a painting, an inanimate object, in 2012 to promote his artistic movement, Yellowism...

... and spent 18 months in prison.

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Flying Scot | 9 years ago
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I'm sure I read that in some countries they have classified motor vehicles a deadly weapons, therefore, a wilful assault with one, as opposed to just being a shit driver, becomes an assault with a deadly weapon.

I think the law needs to catch up with this now.

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SteppenHerring | 9 years ago
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I've never understood why a car is treated differently from a hammer or a cricket bat or anything else you might attack someone with. Accidentally kill someone with a hammer or by throwing a fire extinguisher off a building and it's manslaughter - no question. Why can't we treat all objects the same?

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antigee | 9 years ago
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Sad that the 5 points was imposed for "not stopping" - have always assumed that this offence is considered serious by the police and courts because it is intended to protect drivers from financial loss not because of any reasons of concern about injuries - a law intended to protect property is the only effective one in a case of intended physical harm.
Considering the driver pleaded not guilty seems very odd that no points were given for the careless driving charge as sentencing guidelines indicate 3 points minimum.
8points might make the driver think about his driving behaviour.
As to the cyclist swearing at the driver (or his passenger) I'm pretty sure that in assault case this wouldn't be considered - am thinking of some high profile cases involving footballers being wound up at nightclubs and then lashing out - the prior verbal abuse isn't accepted as a legitimate reason for a violent response.

Magistrate sentences in line with societies expectations shocker  2

edit not defending the sentence there should be some sort of "wreckless endangerment" charge - the driver intended harm and if that isn't dangerous driving the law needs changing

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Jimmy Ray Will | 9 years ago
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My missus once applied to be a magistrate... she failed.

Apparently her rigidly unforgiving views on drink driving were not in line with those of the magistrates

to quote: "...I think we've all just had one more than we really should one time or another..."

I have no faith in our magistrate system whatsoever... best course of action in these incidents is make a note of the registration number, locate the drivers address, get your car, drive to the persons address and then 'accidentally' run the blighter down... whats the worst that can happen?

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Sustransoftie | 9 years ago
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OK, so we've all come to the agreement that the driver is a first class tw@t and the law is useless, so what are we all going to do about it?

Ah, yes... Sweet FA!  41

Stay safe out there.  3

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jmaccelari | 9 years ago
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The law has dealt with him. If you don't like how it did it, then change the law by taking some time to agitate for tougher sentences for this sort of behaviour.

This sort of internet bullying is similar behaviour* to a person riding a cyclist off the road with a car - and I presume no one here would like that.

*Yeah - before you start nit-picking and go whining on about lethality and so on, it's still bullying. The weapon used is different, not the attitude of the person wielding it.

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BigBear63 | 9 years ago
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Its seems to me that the Establishment has it in for cyclists, whom they probably view as some do-gooder activists.

The effort put in by the State to stopping cyclists riding on pavements, ignoring stop signs and red lights, or discouraging them from thinking they have any rights on the road is staggering.

Any driver who deliberately collides with a pedestrian, cyclist or any other road user ought to be charged with dangerous driving at the very least. If anyone is injured because of the offence then the perpetrators ought to be charged with anything from malicious wounding, to attempted murder. The range of offences is huge and there is no satisfactory reason why the CPS should not make the effort in prosecute to the fullest extent because there is no doubt, it is in the public interest.

Finally, anyone who leaves the scene of an accident is, by definition, aggravating any offence they may have committed. The driver may have been drunk, or otherwise intoxicated. He may have been involved in some other illegal activity. He maybe even thought he was above the law. So he evades the authorities to avoid more serious trouble. Apart from cowardice and deceit, why would someone leave the scene of an accident? Whatever really motivated the offender to leave is irrelevant, we cannot believe him whatever he says, but leave he did and for that he should have been jailed.

If I was at the CPS I would have pushed to have the offence heard at Crown Court, as I understand the Magistrates Court cannot sentence to more than 2 years in prison per offence and given the seriousness surely a higher sentence should have been sought. Considering he pleaded not guilty I would have given him at least 3 years in prison, banned him from driving for 10 years and ordered him to re-sit his test. And I'm rather a liberal when it comes to punishment.

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kie7077 replied to Sustransoftie | 9 years ago
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Sustransoftie wrote:

OK, so we've all come to the agreement that the driver is a first class tw@t and the law is useless, so what are we all going to do about it?

Ah, yes... Sweet FA!  41

Stay safe out there.  3

I was a member of LCC and am a member of CTC, 38 Degrees and Avaaz also cover cycling and I chip in and actively support these, I've signed umpteen petitions and have attended a large protest ride around parliament and will probably attend other protest rides. I've contacted various politicians.

These things are really easy to do these days, if you can come on to a forum like this and complain then you can fill a text box and email your MP. If you can spend £150 on a bike helmet that does naff all then you can throw a few quid in the direction of those campaigning to improve cyclists lot.

WriteToThem(your mp)
38 Degrees | people. power. change.
Avaaz - The World in Action
CTC : The national cycling charity
London Cycling Campaign

38 Degrees and Avaaz have millions of members, that carries weight.

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oldstrath replied to jmaccelari | 9 years ago
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jmaccelari wrote:

The law has dealt with him. If you don't like how it did it, then change the law by taking some time to agitate for tougher sentences for this sort of behaviour.

This sort of internet bullying is similar behaviour* to a person riding a cyclist off the road with a car - and I presume no one here would like that.

*Yeah - before you start nit-picking and go whining on about lethality and so on, it's still bullying. The weapon used is different, not the attitude of the person wielding it.

The CTC has spent a lot of time and effort asking for better sentencing, with no visible result whatever, so at some point proper anger is almost inevutable.

And no, I don't think naming some murderous tosser on the internet is anything at all similar to driving a car at someone. Pointing out that a car is a lethal weapon is hardly 'whining'.

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Simon E replied to kie7077 | 9 years ago
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kie7077 wrote:

38 Degrees and Avaaz have millions of members, that carries weight.

Really? Be honest now, what has changed thanks to online petitions? Sod all. The likes of CTC and BC have lots of paying real-world members yet they still struggle to be heard! In my experience MPs, councillors and sometimes even the police are not interested in cyclists' experiences.

One real change I sense nowadays is that more and more people have had enough of the abuse and deliberate or negligent dangerous driving. So what can they do when no-one listens?

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kie7077 replied to Simon E | 9 years ago
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Simon E wrote:
kie7077 wrote:

38 Degrees and Avaaz have millions of members, that carries weight.

Really? Be honest now, what has changed thanks to online petitions? Sod all. The likes of CTC and BC have lots of paying real-world members yet they still struggle to be heard! In my experience MPs, councillors and sometimes even the police are not interested in cyclists' experiences.

One real change I sense nowadays is that more and more people have had enough of the abuse and deliberate or negligent dangerous driving. So what can they do when no-one listens?

Avaaz isn't cycling oriented but it does have 36 million members worldwide and I get the impression they have made a big difference on a lot of occasions. 38 Degrees is UK based and has 850,000 members and again, I think their campaigns are effective, kind of hard to ignore 100,000 people writing to you about something.

I think if cyclists keep on about the issues, things will change, it makes financial sense for politicians to do something about cycling for multiple reasons. Petitions may be at the less useful end of the scale, contacting your MP is better, contacting a cabinet minister makes more sense, there are also organisations like TFL etc to lobby.

If you think nothing will get done and so do nothing, well that's a self-fulfilling prophecy right there. If CTC and LCC are not working then they need more members and they perhaps need to be more effective at getting their members involved.

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bikebot | 9 years ago
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For once, what a shame the Police didn't have a car parked up at the foot of Sawyer Hill.

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brodibike | 9 years ago
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Deliberatley hit someone with a hammer - attempted murder.
Deliberatley hit someone with a car - just careless!
Absurd!  14

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balmybaldwin | 9 years ago
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That is only 2points more and the same fine I got for pleading guilty to speeding 76 in a 50 on an empty dual carriage way.

This deserves letters to the home secratary to appeal the sentence, and an investigation as to why this was notcharged as dangerous driving.

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northstar | 9 years ago
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Old news.

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Ridgebackrambler | 9 years ago
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When I was learning to drive a car my instructor said to me "the first thing you have to realise is that you are in charge of a lethal weapon so you have to be responsible." It goes without saying that deliberately aiming a car at a cyclist, however much you feel you are provoked, is the height of irresponsibility and should be punished as such. A fitting punishment would be a one year driving ban at least so that this clown would have to use a bike and then he'd realise the error of his ways (maybe).

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georgee | 9 years ago
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Pint of single cream down the air vents along the windscreen of that jag please.

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duc888 replied to georgee | 9 years ago
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So thats the Jon Weale of BARNFIELD AVENUE, Kingston then is it. (as reported in all the local press).
Wont be hard to find the jag

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Airzound | 9 years ago
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I reckon this Jag driver has friends in high places. Just saying.

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bambergbike | 9 years ago
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I can only hope the cyclist takes a civil case. This is exactly the sort of case where a driver's insurance company should first pay out (because they are there to compensate third parties such as a cyclist awarded damages) and then take the driver to court to recoup their costs (because the driver should ultimately be fully liable for harm he wilfully inflicted, it makes no sense for drivers to be able to insure themselves against their own malicious acts.)

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racyrich replied to bambergbike | 9 years ago
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bambergbike wrote:

I can only hope the cyclist takes a civil case. This is exactly the sort of case where a driver's insurance company should first pay out (because they are there to compensate third parties such as a cyclist awarded damages) and then take the driver to court to recoup their costs (because the driver should ultimately be fully liable for harm he wilfully inflicted, it makes no sense for drivers to be able to insure themselves against their own malicious acts.)

As it happens it's beneficial he wasn't charged with assault, GBH or whatever. Motor insurance will not pay damages to the intended victim of such illegal acts. You can't insure against the intended consequences of breaking the law.
If any damage to a cyclist is a consequence of careless driving then the insurance will pay out as a 3rd party liability.
You can still sue of course for damages following an assault, but rely on him having some assets.

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ronin | 9 years ago
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As a car driver as well as a cyclist, the law should be clear just how much force I can use to knock a cyclist off his bike that is annoying me.
Equally so, it should also be clear what the consequences will be if I am ever knocked off my bike in the afore mentioned manner, if I so choose to knock the head off of the car driver. Clearly the law is no deterrent in this matter.

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ronin | 9 years ago
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As a car driver as well as a cyclist, the law should be clear just how much force I can use to knock a cyclist off his bike that is annoying me.
Equally so, it should also be clear what the consequences will be if I am ever knocked off my bike in the afore mentioned manner, if I so choose to knock the head off of the car driver. Clearly the law is no deterrent in this matter.

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Critchio | 9 years ago
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If you look what the motorist was charged with, this never got to the CPS for a prosecution decision, so they dont really deserve any criticism. This time.

This is down to the police officer who did the initial investigation and a traffic process case builder, who is likely to be a civilian employee/retired police officer who doesn't really care too much.

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arfa | 9 years ago
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Lack of witnesses willing to testify and turn up at court could have been an issue, hence the half hearted prosecution.
In the hit and run case I testified at, the guy got a year ban - max end of spectrum.
All I'd observe is that justice is failing when people feel the need to take it into their own hands. Time to bring it to Goldsmith's attention as stated above

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andybwhite | 9 years ago
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 102 FFS

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blablablacksheep20 | 9 years ago
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i see this as a victory for cyclists, we can now punch people through windscreens and claim we were careless in our indicating....what could go wrong...

On a serious note, it just shows the the law is outdated and is very much in need of a overhaul.

The judge has a limit on what sentences he can appose so its not his fault.

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oozaveared | 9 years ago
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Just another case of lazy public sector CPS lawyers who get paid the same either way so they take the easy option. There's just no incentive for them to blot their copy book of easy wins on low grade charges by pushing for the proper charges and penalties.

Privatise the lazy buggers. Make the victim in cases like this the joint client and give them a say (legally guided) in the charge to be brought. I'd be spitting bullets if I was deliberately rammed with a car and the CPS said it was "careless driving". That is the wrong charge. The lazy, split the difference, no need to get excited, knock off at 5 charge.

Makes you want to puke.

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