A driver who broke the nose of a cyclist in a vicious attack in Leeds city centre has been jailed for 23 weeks, with a judge telling him he had battered “seven bells” out of the victim.
Wayne Wardell along the one-way Queen Street and when he flew into a rage after seeing the cyclist riding the wrong way on the road near the junction with Wellington Street, reports the Yorkshire Evening Post.
The victim was repeatedly punched in the face during the violent assault, which took place on 10 October 2019. Besides the broken nose, he was also left with chipped teeth.
Leeds Crown Court heard that when Wardell saw the cyclist, he began driving his Volvo towards him, whereupon the bike rider stopped and said, “What are you doing?”
As passers-by went to the assistance of the cyclist and called the police, Wardell got back in his car and drove off.
After he was arrested, Wardell claimed that he was acting in self-defence, and that the cyclist had threatened to stab him, although he subsequently withdrew that allegation.
Wardell, who has five prior convictions for assault, admitted assault occasioning actual bodily harm.
In mitigation, Ben Thomas said that during the eight years prior to the assault, as well as in the two and a half years since then, his client had kept out of trouble.
He also said that due to the poor health of Wardell’s wife, she and their two children would suffer if he were given a custodial sentence.
Sentencing him to 23 weeks’ imprisonment, Judge Robin Mairs noted that the victim “was cycling the wrong way on Queen Street.
“That is not right but it did not merit what was to follow from it,” he said.
“You drove your car at him and he shouted at you and asked you what you were doing.
“You reacted aggressively because you had lost your temper and you got out of your car.
“In front of your wife and in front of your child you started punching him.
“Not once, not twice, but multiple times sufficient to knock him to the floor.”
The judge noted the potential hardship that Wardell’s family might suffer if he were given a custodial sentence, but told him: “You, however, are the author of their misfortune by being in the dock today.
“You should have had concern for your wife and child in the car before you got out and proceeded to batter seven bells out of a cyclist.
“For the gratuitous violence meted out to the victim, only immediate custody can be justified,” he added.
While the report of the case refers to the cyclist riding the wrong way along Queen Street, presumably on the main carriageway, it should be noted that according to the a Google Street View, the bi-directional protected cycle lane on Queen Street was already in place in August 2019, two months before the assault, as shown in the picture above.
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I'm somewhat perplexed at the given location of this incident. Queen Street in Leeds has a very wide, two way, green painted, segregated cycle lane. It is, in my experience, as a city centre courier, well observed by cyclists.
Now if it were on Little Queen Street, also one way, I could understand it.
As I said below, maybe the cyclist was coming from Wellington Street and rather than going across and turning 90 degrees was cutting the corner, intending to join to cycle lane outside Back York Place, Wardell was driving up the right turn lane but seeing the cyclist coming down the adjacent lane decided to swerve at him to "teach him a lesson"? Sounds the sort of thing a five-time convicted thug would do.
I note the final paragraph about the contraflow cycle lane... Seems to me that this is like the worst-case version of when some passing person shouts at you for cycling on the pavement, when you're actually cycling on a shared-use path.
What utter bullshit of a sentence. The role model citizen, Mr Wardle has five previous convictions for assault. Does that not tell you something about this role model citizen. The potential hardship for Mr Wardles family if he went to prison, sorry he should have thought of that before he assaulted the cyclist, so tough, this is in my view just a get out clause for a lighter sentence. The sentence should have been longer. When is this country going to get real and punish people properly. I believe we live in a real broken society that hands out slap on the wrist tarrifs for people who can not, or will not control themselves towards other people. I also believe that as cyclists we have a duty, like other road users to follow the rules of the road, so the cyclist was wrong for cycling the wrong way along the road. However there is never an excuse to use violence in cases like this.
You understand that his brief is obliged to try? The judge, in this case, rightly threw that all straight back:
The judge noted the potential hardship that Wardell’s family might suffer if he were given a custodial sentence, but told him: “You, however, are the author of their misfortune by being in the dock today.
“You should have had concern for your wife and child in the car before you got out and proceeded to batter seven bells out of a cyclist.
The clue was in the defence words "during the eight years prior to the assault, as well as in the two and a half years since then, his client had kept out of trouble."
Kind of begs the question: What happened 8 years and a day ago?
I was wondering what sentence he got for his fifth assault - if he had been in prison for seven-and-a-half years and had only been out for six months then keeping out of trouble isn't much of a boast…
It's a bi-directional cycle lane, so they weren't cycling the wrong way.
Pure speculation but I suspect what happened was that the cyclist was coming from the T-junction which stands about where the photograph above was taken and was cutting across diagonally to the cycle lane rather than riding across the junction and turning 90° left into it. Not best practice, but the fact that Wardell is described as driving his car at him would indicate that he wasn't even in his way, he made a positive decision to go out of his way to drive as a cyclist.
This is the most graphic example of the hate culture in the media, which has trained the public to hate cyclists and therefore it's perfectly justified to attack them for perceived infringements of the law, or even lack of courtesy. Any chance road.cc getting in touch with a few of the shock jocks who have fomented this attitude, like Cristo the cretin, and asking if they feel the tiniest bit responsible for this egregious assault?
For the life of me I can't understand why this case is so different to all the drivers who would suffer hardship from their own actions by continuing to drive dangerously when they have points on their licence.
"The judge noted the potential hardship that Wardell’s family might suffer if he were given a custodial sentence, but told him: “You, however, are the author of their misfortune by being in the dock today."
Those drivers who continue to offend despite having points on their licence are certainly the authors of their own misfortune, and they can't claim that their continued law-breaking was a sudden fit of temper; it is either utter incompetence or deliberate thumbing a nose at the law.
Sadly, that will just give them more ammunition and opportunity to cement and air their noxious opinions.
Road.cc would be better getting in touch with Cristo et al, via its paramilitary wing, and removing any evidence of him/them ever having existed.
Wardell didn't understand that if you accost a cyclist like this, you seem culpable, but if you just run one over with your car, it's an honest mistake anyone could do it that cyclist just darted out from nowhere.
Yes it seems Wardell hadn't got it figured out. If you get out of your car and hit someone you break the states monopoly on the use of violence. If on the other hand you run them over, 'by accident', whilst they cycle the wrong way on a one way street, then the judge may take the view that 'by the grace of God go I.'
A very good point.
Intent must be established.
And the reason why road cyclists must always wear a camera. Front and back.
Road cyclists.
Wear a camera. Always.
All for marginal gains and all but if you do so know why you are doing this. The main benefit is the ability to review your own rides. The possible other benefits are not a given and may not come to you but other cylists / road users. That's because a) crashes, close passes and other violence - the bad thing has already occurred to you. b) It assumes the camera recorded the incident e.g. you'd charged it and it captured some relevant images with sufficient clarity and didn't get rendered useless in a crash. c) The case has to come to court - obvious, you might think... d) If so footage will be challenged in court of course - timestamps, where this happened, chain of custody, can you really see who's driving etc. e) Even in what appear to be open-and-shut cases to us cycling keyboard warriors judges and juries have repeatedly said "no case to answer".
So as long as you're aware of all the above and willing to make the investment and effort then yes - the nation's road users ought to thank you!
We need more judges who think this way:
> The judge noted the potential hardship that Wardell’s family might suffer if he were given a custodial sentence, but told him: “You, however, are the author of their misfortune by being in the dock today."
Sadly, had Wardell just stayed in his car and run him over, he would probably have got off more lightly.
How do people get to be grown-ups with wives and children and still have the temperament of a toddler who's just been told "no" and hasn't had his nap?
My guess; family breakdown, lack of upbringing, lack of parents, a succession of parents/carers, role models who behave the same way. No idea if any of that applies in this case, but I see it daily and it's tragic.
You may well be right in which case Mr Wardell is also a victim. However custodial sentences are there in order to protect the public and Mr Wardell is clearly a danger to the public. As such I think a heavier sentence is clearly merited. As to any hardship his family might incur, to be honest I imagine the judge is doing them a favour.
I was not trying to excuse Mr Wardell his sentence, only trying to answer your question.
Edit "the question" (with thanks to wtjs)
I have done a 'like' for balance, but it wasn't his question
I didn't think you were (trying to excuse Mr Wardell his sentence, or his behaviour I imagine, just trying to understand how is that people can behave in such an anti-social manner)
Custodial sentences are not there to protect the public, they are an out-dated, disproven petty revenge by society on the criminals we manage to catch. The recidivism rate is enormous because prisons don't reform, but they might train them to be better criminals.
Wayne Wardell, do the World a favour and donate your organs to medical research or the nearest zoo.
Within the next few days if you can.