Support road.cc

Like this site? Help us to make it better.

Road rage driver who chased cyclist and then rammed him spared jail

James Carroll handed two-year ban and will be fitted with an electronic tag

A Renfrew motorist who left a cyclist with a broken pelvis after chasing him down and deliberately ramming him has been spared jail.

The Gazette reports that at around 1pm on February 17 last year Mark Grabham was riding along Cambell Street, Renfrew, on his way home, when he became embroiled in a road rage argument with 55-year-old James Carroll.

According to procurator fiscal depute Keri Marshall, “A silver Mercedes car, travelling at speed, came from behind [Grabham] and pulled in front of the witness, blocking his way.

“The witness pulled alongside the car and gesticulated to the driver, who was the accused, regarding the manner of his driving.

“The accused got out of the car and said to the complainer, ‘You were all over the road. Get off your bike and I’ll see you at the bottom of the street.’

“The witness was now frightened and continued along Campbell Street.”

Carroll twice deliberately pulled in front of Grabham. The second time the cyclist said he pushed Carroll’s wing mirror in before riding away, while Carroll claimed that he actually kicked it.

After this, Carroll chased Grabham and followed him into a cul-de-sac where he drove into the cyclist’s right-hand side, causing him to fall. Grabham suffered a broken pelvis.

Carroll flagged down police to tell them about the incident and was arrested.

He pleaded guilty to a charge of assault to severe injury by dangerous driving.

He was ordered to carry out 208 hours of unpaid work in the next 12 months and made the subject of a six-month Restriction of Liberty Order (RoLO) which will see him fitted with an electronic tag and will have to remain within his home between 7pm and 7am every day.

Carroll was also banned from driving for two years and will have to sit and pass an extended driving test before getting behind the wheel again.

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.

Add new comment

34 comments

Avatar
FluffyKittenofT... replied to quiff | 5 years ago
2 likes

quiff wrote:

FluffyKittenofTindalos wrote:

Also I am not sure I agree with the emphasis put on 'intent'.  I don't see why it should be so important what is in someone's head at the time they cause harm.  Putting so much emphasis on that factor (a) rewards those who cultivate a habit of stupidity and (b) privileges those in positions of power, becuase they don't need to make so much concious effort to cause harm.

English law mitigates this to some extent by having a combination of subjective and objective tests for intent. So whether or not the particular defendant actually intended a given consequence of their actions (subjective intent) may not matter if those consequences would have been obvious to a reasonable person in the circumstances (objective intent). Some crimes also require only that a defendant was reckless as to the possibility of a given consequence, not that they intended it. As I say, it's more nuanced than the press reports. For an illustration (albeit in a civil law context), see https://www.ucl.ac.uk/criminal-law/news/2018/jan/ivey-v-genting-casinos-...    

 

Fine as far as it goes, but the problem in practice is what gets interpreted as 'reasonable' depends very much on the balance of power in a society.  It ends up being about power rather than justice. 

With motoring it usually seems to come down to what a fellow bad driver thinks is reasonable.  As long as juries for motoring cases are stuffed full of drivers, that's going to be a problem.

Avatar
Rick_Rude | 5 years ago
6 likes

That's his life ruined. No popping off the 24/7 Tesco in an evening. Harsh, harsh judgement.

Looks like human potato anyway

//www.the-gazette.co.uk/resources/images/10281566.jpg)

Avatar
kil0ran | 5 years ago
4 likes

Impressive flexibility for anyone able to kick a wing mirror from a moving bike

 

Avatar
peted76 | 5 years ago
2 likes

2 year ban to be followed by an extended test, 208 hours community service, I'm thinking.. this seems fair.. but then..  wait.. what..  They've grounded him for six months! 

Did he not hand his homework in on time? 

 

 

 

Pages

Latest Comments