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Re: Fixed wheel cyclist guilty [cartsman]
cartsman wrote:
I don't understand how he can be found guilty of "wanton and furious" driving. From what I understand he was doing 18mph, he wasn't on a pavement, he hadn't jumped a red light. That's not wanton or furious, he had every right to be where he was at the speed he was, his sole crime was not having a front brake and that's all he should have been convicted for.


Well I'm sure the CPS would have prosecuted him on a charge of "Wanton riding of a pedal cycle without functional brakes" if such a crime existed under UK law, but obviously it does not. The most applicable law was the one he was charged with and is defined as follows:

"Whosoever, having the charge of any carriage or vehicle, shall by wanton or furious driving or racing, or other wilful misconduct, or by wilful neglect, do or cause to be done any bodily harm to any person whatsoever, shall be guilty of a misdemeanor, and being convicted thereof shall be liable, at the discretion of the court, to be imprisoned for any term not exceeding two years ..."

As stated above, there have been numerous requests to update the law in this area, but the scarcity of cases means that its not been looked at as quickly as it perhaps should have been. Even so, it should be obvious how the circumstances of this case meet those criteria.

Furthermore, the CPS don't proceed with "ridiculous" charges, there were very good grounds for the charge of manslaughter, although in this case the jury decided the offense fell short of the conditions required.

You might be better served doing some reading about the legal background of this case before sounding off about it, or at least leave those comments in the Daily Mail comments section where they can be safely ignored.
Last edited by: awenborn: Aug 23, 17 14:50

Edit Log:

  • Post edited by awenborn (Dawson Saddle) on Aug 23, 17 14:49
  • Post edited by awenborn (Dawson Saddle) on Aug 23, 17 14:50