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Justice (Lonpicman, Wikimedia Commons)Suspended sentence for motorist who doubled back to deliberately drive into cyclist
A driver has been handed a suspended sentence after he deliberately ran down a cyclist near Plymouth. Paul Nodder, aged 37, chased and knocked over Jeff Stevenson after the cyclist remonstrated with him for driving with his head down.
The Plymouth Herald reports that Stevenson was cycling home from work along an unclassified road between Holbeton and Noss Mayo on June 26 last year when he encountered Nodder heading in the opposite direction, driving in the middle of the road.
“The defendant had his head down and was not looking where he was going,” said Nigel Hall, for the Crown Prosecution Service.
Nodder was said to have swerved violently back to the left when Stevenson urged him to get over, but after the two had passed, he turned round and deliberately drove into the cyclist, who was riding a £5,000 bike. GPS data showed the cyclist’s speed went from 22.7mph to zero at the moment of impact.
Stevenson was taken to Derriford Hospital with grazing and cuts and bruising and was off work for several days.
A witness described Nodder’s BMW coming from behind and knocking Stevenson into the air.
Judge James Townsend said: “This was a quite deliberate bad piece of driving committed on a cyclist, a vulnerable road user. He was put at substantial risk of being very seriously injured or worse. “t was perhaps miraculous that he survived with nasty but not severe injuries.”
Michael Green, defending, said Nodder suffered from learning difficulties, anxiety disorder and obsessive compulsive disorder and had suffered a breakdown several years ago.
He added: “He feels terrible for the injuries he has caused. He will commit to any suspended sentence fully.”
Nodder had a previous conviction and ban for driving without due care and attention in 2014.
He admitted dangerous driving and leaving the scene.
Judge Townsend handed Nodder an eight-month prison sentence, suspended for 18 months, with 80 hours unpaid work and an 18-month driving ban.
Townsend explained that the lack of a serious previous conviction was one reason why he did not impose a prison sentence, the other being that Nodder suffered “particular difficulties which would make a prison sentence particularly difficult” for him.
Alex has written for more cricket publications than the rest of the road.cc team combined. Despite the apparent evidence of this picture, he doesn't especially like cake.
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“Judge James Townsend said: “This was a quite deliberate bad piece of driving committed on a cyclist”
No, no it wasn’t it was premeditated attack with a deadly weapon.
Some weeks back there was a debate about the morality of dropping paving slabs on passing motorists in retaliation for cyclist fatalities. Maybe we should resurect that discussion, specifically the moral arguments for and against dropping paving slabs on members of the judiciary in retaliation for sentencing decisions such as this.
I was going to compare it to the zombie-knife guy, but _if_ the medical evidence is true and not exageratted, then I accept there is an argument for not sending him to prison. Prison is probably hellish for those particularly vulnerable.
On the other hand, why was/is he allowed to drive, when he clealry isn't mentally suited for it? An 18-month ban doesn't seem sufficient as I don't see his issues will magically go away in that time.
Exactly. I can (sort of) see the argument about not sending someone with these issues to prison if at all possible. But (and it's a big but) why allow them to ever drive again? They clearly have, being generous, impulse control issues. I would say that it is very much in the public interest not to allow them to drive any motor vehicle ever again...
This ^^^, both of these ^^^
So there's no consequences for his actions and he can do what he likes then?
Bleeding heart liberal.
This stuff is starting to make me feel really aggressive. I need a cup of tea and a biscuit to calm me down.
Is it not possible to get these cases back into court to get a more appropriate sentence? Surely the cycling community has a lawyer in its midst who would have the necessary motivation to push for a harsher sentence. The cycling community could, via crowdfunding, finance the case. I'm just relishing the fantasy of the perpetrators distress at having to fund his defence.
If anyone wants to crowdfund to pursue a private prosecution for ABH or assault for this case, put me in for a fiver.
Also, can someone with a legal background please explain why this is not a crime against the person? How can a pre-meditated, deliberate and conscious decision to ram 2 tonnes of metal into another human being NOT a crime against the person offense?
I'll put more than a fiver in, this sentencing is farcical. Aren't there sentancing guidelines? And if there are then surely they haven't been followed. And if there aren't sentancing guidelines then why not?
Same here, but could the CDF help appeal this farcical sentence?
https://www.cyclistsdefencefund.org.uk/
OK guys, it's open season on cyclists. You can drive into them with malicious intent and still get a slap on the wrist, if you get caught at all that is, and if the police bother to take it to the CPS, and if the jury finds you guilty, because, let's face it, who hasn't wanted to run down one of these pesky cyclists?
Why was he only charged with dangerous driving and leaving the scene? He should have been charged with assault and actual bodily harm at the very least, which is what would have happened if he'd used a gun or a knife. Our legal system isn't just broken, it is totally fucked, sorry about the language but I am utterly incensed.
"Michael Green, defending, said Nodder suffered from learning difficulties, anxiety disorder and obsessive compulsive disorder and had suffered a breakdown several years ago."
So what the fuck was he doing driving if he wasn't capable of controlling himself and driving safely? And was any of this mitigation actually tested in court, or did they just take it as read?
I wonder what would happen to a cyclist who was shouted at by a pedestrian and then went back to ride into them? They'd have the book thrown at them and would get a substantial prison sentence.
This charging and sentencing is an insult to all of us, and an invitation to drivers to mow us down.
"This was a quite deliberate bad piece of driving" ...in much the same way that stabbing someone to death with a knife is a deliberate bad piece of cooking.
It was a concious decision to use the equipment to hand to cause harm to another person. The type of equipment used simply should not come into it - execpt to worsen the possible sentence when that equipment could kill easily (I'd reduce/suspend the sentence if the equipment used was something akin to a bunch of daffodils...)
What a shambles out justice system is choosing to be!
Basically attempted murder and no jail time.
Driver should never be allowed on the roads again given his "problems" and previous ban.
Ridiculous sentencing, a deliberate act that could have easily had a far worse outcome. To show leniency because prison would be difficult for him is bonkers, if you are fit enough to drive then you’re fit enough to face consequences of your actions.
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