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news
Shah of Persia crossroads, Poole (Google Maps)Tougher sentences call for cyclists who cause serious crashes
The mother of a motorcyclist who died following a collision with a cyclist has said that she wants to see tougher sentences for cyclists that are similar to sentences available to drivers of motor vehicles.
Last year, we reported that cyclist Garry Kopanycia-Reynolds was found guilty of riding a cycle on a road carelessly without reasonable consideration for others after colliding with Callum Clements in Poole, Dorset, in December 2021.
Now, Bournemouth Echo has reported that the 23-year old maintenance gardener's mother is now calling for a change in the law after the court handed the 60-year old cyclist a maximum penalty available of £1,000.
Kopanycia-Reynolds was pulling across the Shah of Persia Crossroads in Poole, Dorset in December 2021, when he collided with Clements, who had a green light.
> Cyclist found guilty of riding carelessly in crash which killed motorcyclist
During a trial in November, the judge ruled that Clements had the right of way and Kopanycia-Reynolds failed to properly check the road was clear at the traffic light junction when he went to turn right. As well as the maximum penalty for his crime, Kopanycia-Reynolds was ordered by Poole magistrates to pay £450 costs and a victim surcharge of £190.
Mr Clements’s mother Fiona is now pressing for similar court sentences to be available for cyclists as those who drive motor vehicles. At present, offences for cyclists who are deemd to be at fault in crashes differ to those driving motor vehicles.
“It just feels to me like Callum has been let down, like his life did not matter,” Miss Clements said.
“My goal is to make sure this does not happen again because the trauma of the whole thing itself and then it is like you are reliving that trauma and to have nothing at the end of it,” she said. “Even if it helps just one other family, it would be worth it.”
> Grant Shapps calls for new ‘death by dangerous cycling’ law
However, Miss Clements also mentioned that her son’s crash was ‘unique’. It was also noted that the cyclist suffered significant life-changing injuries as a result of the crash.
During the ruling, prosecutor Stuart Ellacott told the court that while Mr Clements was riding at 40mph in a 30mph zone at the time of the crash, the excess speed could not be used as part of the cyclist’s defence as the road the motorcyclist was travelling on was visible for 150 metres from the centre of the crossroads.
“Either the defendant failed to see Mr Clements, who was there to be seen over a distance of some 150 metres for a period of some seven seconds, or he saw him and decided to risk making the turn following the vehicle in front of him and not pausing and misjudging his ability to make that turn,” Ellacott said.
When questioned as to why he made the right-hand turn with the motorcyclist approaching, Mr Kopanycia-Reynolds – a keen cyclist who knew that particular road “pretty much off by heart” – replied: “I made that turn because I obviously felt that I had the space and time to make that safe manoeuvre.”
“I would not have attempted it unless I would have made it safely.”
He also told the court that he was “totally” sure that the manoeuvre was safe and that he had seen the motorcyclist’s lights coming from the opposite direction but believed that they “were in the distance”.
Police Constable Leanne Howes, of Dorset Police’s serious collision investigation team, said, “This is a demonstration of the truly awful consequences that can be caused by any road user failing to pay sufficient care and attention.”
Recently, London Mayor Sadiq Khan had pledged to “raise awareness” among London cyclists to stop stop at zebra crossings in accordance with the Highway Code, for improving the safety of floating bus stops.
“We need to not just raise awareness, we need to try and ensure there is enforcement as well,” he said last week at the Mayor Question Time, when asked about how was he planning to improve the pedestrian-cyclists interaction in places like floating bus stops.
He added: “What I am willing to do, and what I think we must do, is look into safety concerns raised by not just those who are visually impaired but others to make sure, in the quest to make cyclists safe, we don’t inadvertently, because a minority of cyclists aren’t following the rules, endanger others.”
Last year, the former Secretary of State for Transport Grant Shapps called for new ‘death by dangerous cycling’ law, intends to introduce harsher penalties for people on bikes who kill or injure others through “dangerous cycling”. However, such a bill is yet to be put through to the Parliament.
Adwitiya joined road.cc in 2023 as a news writer after graduating with a masters in journalism from Cardiff University. His dissertation focused on active travel, which soon threw him into the deep end of covering everything related to the two-wheeled tool, and now cycling is as big a part of his life as guitars and football. He has previously covered local and national politics for Voice Wales, and also likes to writes about science, tech and the environment, if he can find the time. Living right next to the Taff trail in the Welsh capital, you can find him trying to tackle the brutal climbs in the valleys.
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47 comments
If it was a car driver involved in the cyclist's position they almost certainly would have been found not guilty, as I believe the cyclist would have been in a full jury trial or with proper representation; making a legitimate turn, no suggestion of jumping a light, and hit by a motorcyclist doing 47 in a 30 zone before dawn on a winter morning? I'd be surprised if the CPS even bothered taking it to court.
Reminds me of this case, where a driver pulled out on a speeding motorist:
https://www.itv.com/news/anglia/2022-05-03/driver-who-doctored-fatal-cra...
It was the person who pulled out who was killed in this case, but the speeding was taken into account (plus trying to pervert the course of justice by doctoring the dashcam footage).
then for balance
https://www.eadt.co.uk/news/21371547.professor-admits-causing-death-moto...
https://www.eadt.co.uk/news/21370191.felixstowe-professor-73-spared-jail...
Surely manslaughter could have been considered?
However, reading the cyclist's testimony, he really thought there was time to make the turn. It doesn't seem they were being reckless.
https://www.bournemouthecho.co.uk/news/23147462.cyclist-found-guilty-rid...
A better solution would be to improve the traffic light sequence at this junction, as collisions seem to be commonplace.
https://www.bournemouthecho.co.uk/news/19964427.petition-improve-traffic...
Reasons why not:
https://yetanotherbloggingbarrister.wordpress.com/2022/02/14/offences-co...
Isn't this the one with the peculiar judicial ruling, and the victim who has doing 40mph in a 30 mph zone?
Thought it was familiar: https://road.cc/content/news/cyclist-guilty-riding-carelessly-killing-mo...
The cyclist could have been charged with a more serious offence of wanton driving, but the lesser charge was brought. I'm not really sure if increased penalties are the answer here. A lower speed limit, better enforcement for speeding drivers and a change in the traffic light sequence would seem better alternatives.
I think it's a 30 limit already.
I was thinking a 20mph limit could be considered
If you knew this junction, you'd know that this will never happen, also, it's been widely discussed that current limit of 30mph made no difference to the alleged 47mph speed of the motorcyclist. So enforcement yes, but the limit is fine as it is at 30mph.
Same case, if you missed the debate there was plenty on road.cc about this.
Condolences to all involved but isn't this the case where the motorcyclist exceeding the speed limit was judged not to be a contributing factor in the collision?
IIRC, Yes.
It was indeed, where the prosecution stated that the motorcyclist would have been visible from 150 metres away for seven seconds prior to collision, giving a speed of 77 km/h or 47 mph before dawn on a December morning approaching a crossroads. The cyclist stated that he did see the motorcyclist but felt that he had adequate time and space to make his manoeuvre, as indeed he would have done if the motorcyclist had been travelling at the 30 mph limit. The cyclist did not have legal representation in court and was found guilty not by a jury but by a single judge.
It's only human for the family to want to absolve their loved one of blame but this really was not a case of a reckless cyclist who deserves a higher sentence; the cyclist made an error of judgement which was caused and then tragically exacerbated by the fact that the motorcyclist was riding more than 50% over the legal speed limit.
Sadly, this is a case that demonstrates the old adage that a litigant in person has a fool for a client.
Any of us could find ourselves in court following a mistake (or, indeed, a perceived mistake). Never make the mistake of believing that 'the truth will out'. The CPS will use a barrister to press a case against you; you need one to bat it away.
It isn't conspiracy or tin-foil hat territory to recommend not answering any questions beyond the legal minimum until you have had legal advice. Even protesting your innocence can be done in such a way that you state something in innocence that has legal connotations.
Could he have had a barrister for the £1,640 that it cost him?
I think it was an open and shut case that he made a mistake and that it might be deemed inconsiderate. I do not think that the charge in any way reflects the death of Callum Clements of which I think he was almost entirely innocent.
I am surprised that the police pressed any charges at all given the life changing injuries. Dorset Police told me (albeit over 20 years ago) that they had a policy not to, when a motorcyclist hit one of our company cars and suffered in the process.
I am not against equal treatment of careless or dangerous road users whatever vehicle they use. I do worry that they would not be judged equally but with a favourable bias towards car drivers. I also think that any new charges would not have been brought in this case anyway.
Magistrate's Court (albeit with single judge presiding) so more likely a solicitor but yes, for a single-day hearing almost certainly, and of course he would have been able to claim his costs if found not guilty (if he didn't qualify for legal aid). It sounds as though he made the error of thinking motorcyclist doing nearly 50 in a 30, how can I possibly be convicted, don't need counsel for that...as GMBasix wisely says, always get legal representation if accused of anything. I'd sooner give up one of my bikes than my legal expenses insurance.
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