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Statue of Justice, Old Bailey (licensed CC BY 2.0 on Flickr by Ronnie Macdonald).jpgSuspended sentence for driver who stamped on cyclist’s head
A driver who stamped on the head of a female cyclist who had stopped by the roadside with her boyfriend after his tyre punctured has been handed a suspended prison sentence.
Preston Crown Court was told that David Hayton, aged 37 and from Lancaster, assaulted the male cyclist before punching the woman and stamping on her head as she lay on the ground.
The pair sustained bruising and facial injuries as a result of the incident on New Quay Road in Lancaster on the afternoon of 19 April last year, reports the Lancashire Post.
Hayton, who has past convictions for violent offences, pleaded guilty to actual bodily harm and common assault.
Charles Brown, prosecuting, said: “While they were stationary there the defendant, also coming in the same direction, pulled over and stopped in front of them.
“He then got out of the driver's seat and started shouting straight away.”
Hayton began punching the male cyclist despite the female rider urging him to leave them alone, and when she tried to pull him away, she accidentally tore his t-shirt.
At that point, said Mr Brown, Hayton “transferred his attention to her. He punched her to the head then either punched or pushed her and she fell to the ground. Her head was close to the pavement.
“The defendant was standing over her and he stamped upon her head.”
Part of the assault was filmed by a jogger on her phone, who called the police. Meanwhile, Hayton had driven off but came back to the scene with his partner, with another fight breaking out.
Sentencing Hayton, Judge Robert Altham, Honorary Recorder of Preston, told him: “You were apparently irritated by something that had happened and got out of the car.
“What then followed was, I'm sure you will agree, an extremely ugly incident, where you set about verbally then physically berating these two very young people.
“You do need to understand the physical consequences could have been very grave indeed.”
The judge pointed out that cases before the court often involve “permanent and utterly debilitating brain injury and sometimes death” caused by a blow or kick to the head.
“You need to reflect on your conduct as to what could have happened in this case,” he told Hayton, adding, “Happily the injury in this case was relatively slight.”
The judge jailed Hayton for 18 weeks, suspended for two years, and ordered him to undertake 240 hours of unpaid work and participate in a probation programme.
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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50 comments
Are cyclists allowed to carry automatic weapons, for self defence of course, asking for a friend. (who can't think of any other way to deal with these twat-fuck fascist fuckwits)
A thought just passed across what remains of my mind; what if it had been a cyclist attacking two people fixing a flat tyre on a car?
It would be all over the msm and the cyclist would be in jail for many years, covid or no covid.
'…past convictions for violent offences.'
<facepalm>
Found this link from 2018 about the same judge
https://www.desmog.co.uk/2018/10/22/judicial-office-launches-investigati...
Says it all really.
That's truly shocking.
16 months jail for non-violent environmental protesters whose actions might harm a fracking company and his own family's financial interests
but no jail at all for a serial violent offender attacking innocent cyclists.
I do hope this judge gets struck off.
Says a lot about our supposedly independent judicial system that this bloke still has a job.
This is really a new low for me. Does anyone know who this can be raised with? MPs? The justice system?
This is no longer cyclists Vs motorist debate but a case of a dangerous individual. Rather than post to each other that we are in agreement can we instead use our voices to try and change it?
Been thinking about this myself, and while I've tried getting the current campaign about violence to women interested, they haven't bitten. Maybe we could write to Priti Patel?
Let's face it, this guy has learned his lesson, and next time he'll just run over the cyclists and get off scot free.
I'm going to self-identify as a statue from now on - the fuckers will get 10 years soon!
Attempted "permanent and utterly debilitating brain injury and sometimes death". Might be some useless work by the CPS too, they are rarely interested unless something very serious actually results.
To be fair Actual Bodiy Harm and Common Assault are both serious charges. Not sure it is the CPS at fault here rather than the sentencing.
So a violent offender gets a light slap on the wrist?
A ridiculously lenient 'sentence', as we all know.
But this is a reminder that there are some serioulsy derranged people out on the roads, as we all know/have experience of. It's not easy fighting back when you're wearing shoes with cleats! As the sergeant used to say at the end of roll call in Hill Street Blues "Let's be careful out there".
Apparently there were two seriously deranged people in court. One of whom was the defendant …
OH FUCK OFF THE JUDGE IS A FUCKING FUCKTARDED FUCKTARD!!
I really hope legal action is taken against such appalling judgement. I literally cannot find the words (except foul ones) to assert how fucked up that sentence is, and the judge that decided it. A nutcase stamped on someones head for fuck sake!
Perhaps Plato should have asked not what is justice? but where is justice?
The judge is pretty naive if he thinks this incident will change this guy.
"You need to reflect on your conduct as to what could have happened in this case,” he told Hayton, adding, “Happily the injury in this case was relatively slight.”
Given his previous history of violence, I doubt if Hayton ever reflects on anything. How many chances does he get before he kills someone?
Why did he stop the car
Why did he attack them
Why did he return and attack them again
Why was the sentence so light
Would it have been so light if it had been a mother pushing a child in a buggy?
Well, it appears the offender recently built himself a dog-house. Let's hope he stays in it.
Oooh, I feel a doxxing coming on, good find.
Well, I won't go that far - but I do enjoy a bit of google-foo for open source info.
Interestingly (or not maybe!) the plans for his annexe include a large 'bike store'.
The judge should be hung and quartered alongside the nasty cowardie scrote - that he has let off virtually scot free, with just a little telling off and not even a fine or costs etc.
This is a joke surely? 18 weeks for an aggravated assault leading to actual bodily harm? & suspended too? Suspending a sentence is supposed to be a warning to a first offender of what could happen if they do it again. Has the beak actually *read* the sentencing guidelines?
Although not mentioned here, I'm guessing the covid guidelines is partly responsible. So yes, commit all your minor crimes now before it is over and get away with them no matter how violent you become.
I'm guessing the covid guidelines is partly responsible. So yes, commit all your minor crimes now before it is over and get away with them
Except it wasn't that 'minor'- I appreciate that you realise that, although the judge didn't. It remains, as it always has done in Lancashire, open season for traffic offences against cyclists.
At 1st I thought it said 18months then realised it was 18 weeks and suspended for an unprovoked violent attack (twice) and with previous form. Just what do you have to do to get a prison sentence these days. Maybe justifies complaints for undue leniency?
Not a sentence that can be appealed unfortunately
https://www.gov.uk/ask-crown-court-sentence-review
Even with the current focus on offences against women.
Local MP appears to be Cat Smith, a Labour Shadow Minister
Not necessarily true; the list says including these, but it doesn't say that is exclusive or what cannot be appealed. In the current climate, I think an appeal would be pretty hard for the judiciary to turn down.
"Only certain types of case can be reviewed, including:
murder
rape
robbery
some child sex crimes and child cruelty
some serious fraud
some serious drug crimes
some terror-related offences
crimes committed because of the victim’s race or religion
Anyone can ask for a sentence to be reviewed - they don’t have to be involved in the case.
Only one person needs to ask for a sentence to be reviewed."
There is a specfic list
https://www.cps.gov.uk/legal-guidance/unduly-lenient-sentences
See annex A - but you need a bit of technical knowledge to understand if this crime fits any of the categories.
You're right, well beyond my technical knowledge or willingness to read through pages of legalese; any legally qualified person care to enlighten us?
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