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Cyclist who was victim of hit-and-run guilty of assault and criminal damage

Court hears how Richard McDermott smashed 4x4's window with D-lock after incident...

A York cyclist who was the victim of a hit-and-run incident has admitted smashing the window of the vehicle involved with his D-lock after the driver refused to give him his insurance details.

Richard McDermott, aged 37, pleaded guilty to causing criminal damage and assault in connection with the incident on October 22 last year, reports the York Press.

The motorist involved, Ian Lowson, 41, was referred by police to a driver improvement scheme but faced no further action.

The incident took place at 6.30pm following what prosecutor Cathy Turnbull described to York Magistrates’ Court as a “stand-off” between the motorist, who was driving a 4x4, and the cyclist.

Both were waiting to enter the junction of Mill Lane and Heworth Green where temporary roadworks were taking place.

As they made their way through, travelling in opposite directions, McDermott was knocked from his bike.

There were conflicting statements from witnesses, with one saying the motorist had swerved to avoid a traffic cone and another saying that Lowson had speeded up as he drove towards the cyclist.

Police said that traffic cones marking out the roadworks may have led to confusion among road users at the location.

He failed to stop afterwards and McDermott, whose handlebars and front wheel of his bike had been crushed, set off in pursuit of the vehicle, catching up with it on East Parade.

Witnesses said they saw the two men shoving each other there.

Kevin Blount, speaking in mitigation for McDermott said: "Had he (Lowson) stopped at the scene, had he helped out, had he offered assistance, I am sure this would never have deteriorated to the level it did.

"There could be no conceivable way that the driver didn't know he had hit the cyclist."

"The driver clearly wasn't having none of it, clearly had no intention of stopping and no intention of putting right what he had done and provide his insurance details.

McDermott received a six-month conditional discharge and was told to pay the £150 repair bill to the vehicle.

Magistrate Malcolm Smith, chairing the bench, commented: "We feel there was a lot of provocation on the part of the driver of the vehicle."

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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41 comments

Avatar
vonhelmet | 8 years ago
9 likes

I remember Massingbird's most famous case - the Case of the Bloody Knife. A man was found next to the murdered body. He had the knife in his hand, thirteen witnesses had seen him stab the victim, and when the police arrived, he said, "I'm glad I killed the bastard". Massingbird not only got him off, he got him knighted in the New Years Honours list, and the relatives of the deceased
had to pay to have the blood washed out of his jacket.

-- Edmund Blackadder: Corporal Punishment
 

Avatar
Airzound | 8 years ago
0 likes

Magistrate Malcolm Smith, chairing the bench, commented: "We feel there was a lot of provocation on the part of the driver of the vehicle." 

 

And provocation is a legitimate defence and so is trying to obtain details from a driver who has just hit and run you who clearly does not want to give them. The cyclist should appeal as this is a disgraceful result although he can't as he pleaded guilty. Having been deliberately knocked down and his bike damaged by this c**t in his 4x4 he is effectively kicked in the teeth by the cops and the CPS who then prosecute him. An absolute disgrace. The police and CPS are not only incompetent but fucking vindictive as well. I would refuse to pay the 4x4 driver anything.

Avatar
Stumps | 8 years ago
1 like

2 wrongs dont make a right......

Avatar
the little onion replied to Stumps | 8 years ago
21 likes

stumps wrote:

2 wrongs dont make a right......

 

certainly not, but when one wrong is punished and the other one isn't, there is an obvious injustice.

Avatar
EddyBerckx replied to the little onion | 8 years ago
5 likes

the little onion wrote:

stumps wrote:

2 wrongs dont make a right......

 

certainly not, but when one wrong is punished and the other one isn't, there is an obvious injustice.

 

yeah this. Was angry when I wrote my post above due to this...no matter what you do in a car you're above justice it seems

Avatar
mrmo replied to Stumps | 8 years ago
7 likes

stumps wrote:

2 wrongs dont make a right......

 

So you prosecute both or neither? 

 

At least it makes clear the criminal systems attitude to cyclists and to motorists. 

Avatar
oldstrath replied to Stumps | 8 years ago
3 likes

stumps wrote:

2 wrongs dont make a right......

And a bird in the hand is worth two in the bush... and other bits of granny's wisdom. 

It's  increasingly likely to happen though , as it  becomes ever clearer that the police and judiciary believe the act of getting into a car conveys immunity from prosecution  for violent crime.

Avatar
harrybav replied to Stumps | 8 years ago
2 likes

stumps wrote:

2 wrongs dont make a right......

Simply not true.  Many punishments are "wrongs" that together with crimes become "rights". Normally they are state-administered, which is a different point.

Avatar
EddyBerckx | 8 years ago
6 likes

Fucking outrageous.

maybe next time he'd be better off d locking the driver than running off? If he gets caught he can say he didn't see the driver behind the glass...exactly the sort of excuse that seems to work with these judge fuckwits

Avatar
kil0ran | 8 years ago
13 likes

Unfuckingbelievable

There really is no sanction for failing to stop these days - you're far better to drive off and hope you don't get caught.

And if you do get a visit from a police officer (unlikely due to workloads/priorities) you can always play the "I didn't stop because I didn't know I hit anybody" or "I feared for my safety" cards #facepalm

Avatar
wycombewheeler | 8 years ago
20 likes

So no charge of failing to stop for the driver. Shambles

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