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news
statue-justice-old-bailey-licensed-cc-2.0-flickr-ronnie-macdonaldDrunk cyclist with defective brake jailed for injuring pedestrian in Norwich
A drunk cyclist whose bike had a defective front brake has been jailed following an incident in Norwich which left a female pedestrian aged in her 60s requiring hospital treatment for facial wounds. The case stands in stark contrast to another one we reported on last week in which a drunk driver was never charged in relation to a crash in which a cyclist died.
Adam Royle, aged 37 and formerly of Sprowston but now of no fixed abode, was jailed for six months at Norwich Crown Court last week having pleaded guilty at an earlier hearing to causing bodily harm by wanton or furious driving, which falls under the Offences Against the Person Act 1861.
Police discovered that the bike he was riding when the collision happened on the evening of 13 July last year on the city’s Gentleman’s Walk had a defective front brake, reports the Eastern Daily Press.
PC Louis Luck, of Norfolk Police, who was the investigating officer in the case, said: “This is a fantastic result which would not have been achievable without the support of members of the public and it really highlights the impact of irresponsible cycling in the city centre.”
She was replying to a tweet from Norwich Police, which read: “Drunken cyclist with defective brakes who caused GBH-level injuries to an elderly female jailed for six months. #goodpolicework #586 #1925.”
The legislation is sometimes used to prosecute cyclists who have been involved in a collision in which a pedestrian has died, although given that there are around two such fatalities each year on average, and by no means all of those result in charges being brought against the bike rider, such cases are rare – and ones in which the victim was injured, rarer still.
Having said that, this is the second such case involving a cyclist convicted following a collision with a pedestrian in recent days – and both relate to incidents in Norfolk.
On Saturday, we reported on a case in which a cyclist was of causing bodily harm by wanton or furious driving following a fatal collision with a pedestrian in Cromer last year.
David Tilley was riding the wrong way down a one-way street when he hit 80-year-old Sally Coutya. She never recovered and died five months later.
Tilley, however, was not given a custodial sentence, with the judge handing him down a nine month jail sentence suspended for 18 months. He was also ordered to do 200 hours unpaid work.
The differnce may be due to aggravating factors, with Royle reportedly drunk at the time of the collision, plus the absence of a functioning front brake on his bike.
It’s worth bearing in mind that while there are distinct offences of causing death by dangerous driving and causing serious injury by dangerous driving, carrying maximum jail terms of 14 years and 5 years respectively, the offence of causing bodily harm through wanton or furious driving makes no distinction between injury and death – so in each case, the maximum penalty is two years’ imprisonment.
And in yet another case from Norfolk, we reported last week on a coroner’s inquest into the death of cyclist Sze-Ming Cheung in which no charges were ever brought against a driver who was two times over the legal limit for alcohol when he swerved to avoid another motorist overtaking the rider, who was killed in the head-on collision.
> No charges for drunk driver who killed cyclist in Norfolk crash
Speaking about the two cases involving cyclists, Duncan Dollimore, Cycling UK’s head of campaigns said: “Without hearing all the evidence, it is different to comment on the specifics of these cases.
“However, last week we heard a senior solicitor tell national breakfast tv that there were no sanctions to deal with irresponsible cycling and the UK needs emergency legislation to deal with irresponsible cycling.
“These two cases demonstrate the powers are there, and moreover are used by the courts when needed.”
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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26 comments
You do see a lot of rather battered old MTBs being ridden around with one or both v-brakes completely disconnected. Heard a weird noise while walking down Union Street in central Bristol the other day, looked around and there was a guy riding down there braking by holding his trainer against the tarmac...
"The legislation is sometimes used to prosecute cyclists who have been involved in a collision in which a pedestrian has died, although given that there are around two such fatalities each year on average, and by no means all of those result in charges being brought against the bike rider, such cases are rare – and ones in which the victim was injured, rarer still."
Of the two fatalities a year, ones in which the victim was injured are rare? I think that needs reworking!
I do wonder how drunk drivers manage to escape so easily, you'd think there would be no tolerance to it at all, yet apparently operating a 2 tonne vehicle whilst intoxicated is far more socially acceptable than doing so on a bike.
I suspect that operating a 2 tonne vehicle whilst intoxicated is far more socially acceptable than just riding a bike at all...*
*Yes - it is hyperbole.
If the recklessness of this cyclist has caused injury then it is indeed correct for there to be charges and conviction
However I am confused about what aspect led to the charge:
Was it that they were drunk ? What is the definition of drunken-ness in the context of cycling. I do not drink at all btw. But plenty of people use a pub bike to get home. The issue here would be if there is a possibility that coming home drunk on a bike could constitute a crime ( even without a collision ) then it would be impossible to judge without a prescribed limit. And if there is a limit ( perhaps the same as with driving ) then there is a risk that people might think, "well I might as well use my car then". And finally as you can be charged for Drunk in Charge, with a car but not driving....could the same apply when pushing a bike.
Or maybe it was the brake. In which case again can we expect police bike inspections - brakes, tyre tread depth! , tyre condition, amber pedal reflectors ! .Obviously it is irresponsible to not keep one's bike in roadworthy condition - not least for one's own safety. But again what are the prescribed standards
Or were they actually driving the bike wanton and furiously
I suspect the conviction was brought due to a combination of all three, which seems fair enough, but I hope Wanton and Furious Driving is the lead offence, because the other aspects if taken individually would raise uncomfortable questions for many people
The prescribed standards are that the brakes should be in 'efficient working order'. Exactly what that means is left open to interpretation (apart from that the brake cannot operate directly on a pneumatic tyre).
Yep - "Any constable in uniform is hereby empowered to test and inspect a pedal cycle for the purposes of ascertaining whether any of the requirements specified ... are satisfied..."
On its own the 'drunk in charge of a bike' would not send you to prison:
https://www.cyclinguk.org/cycle/many-speeds
That's actually really interesting.
Basically a hobo on a bike rather than the sort of person that reads Cyclist magazine and goes to Mallorca for a cycling holiday. The man in the street will not differentiate though. CYCLIST!!!!! knocks down old woman.
You have me worried, now - I've never read Cyclist magazine and I've never been on a cycling holiday (no, not even to Mallorca). Am I still counted as a cyclist, or am I just a PoB? Can I self-identify?
#MeToo
I read Cyclist but have been nowhere this year. I feel like half a man.
Only men can be cyclists?
Get off of road.cc ya drunken bums.
Is this referring to Mr Loophole? If so, in what sense is the word 'senior' being used?
Old?
Isnt "Senior" code for Daily Fail reader? See also Little Englander and Brexiteer.
Well, I'm glad that he was prosecuted. However, it does blow a hole in the Kim Briggs campaign, which is supposedly about correcting a legal loophole where it is "impossible" to prosecute cyclists. Instead, it is about a lot of people (not necessarily Mr Briggs) banging an anti-cycling drum.
The real gap in the law is that no pedestrian - and I'm happy to be corrected - has to my knowledge ever been prosecuted for their role in a colision with a cyclist, even those where a drunk pedestrian wandered in front of a cyclist, and the cyclist then died of their injuries. Though this may be due to institutional anti-cyclist prejudice in police forces and the CPS.
Don't exclude Mr Briggs, anyone who attempts to suggest anything other than hanging for cyclists involved in a collision are quickly blocked on social media. I believe I enquired if a pedestrian stepping off the pavement looking at their mobile phone instead of the road should be held partially liable for a collision...
Well, I read a lot about the case. If I recall, Alliston claimed that Mrs Briggs was on her phone, but witness statements didn't support it. But there was agreement that she didn't look, that she should have seen Allison, and that she did not use a crossing despite there being one nearby.
Alliston is of course culpable for his part in Mrs Briggs death. But there are some aspects of the case that do get overlooked. Not least that Alliston could have died but Mrs Briggs could have survived. And my bet would be that the CPS would not have taken any action in such circumstances.
" if a pedestrian stepping off the pavement looking at their mobile phone instead of the road should be held partially liable for a collision..."
They should be held fully liable.
Personally I would dish out significant amounts of pain no less than the amount suffered by the cyclist or other victim of such ineptitude. But this is keyboard soldiering. Realistically I would be writhing in pain on the pavement but even if I was capeable of revenge, it would be considered unnacceptable.
Revenge. A thing the courts take more than just a dim view of. But what else can we resort to when a prosecution fails an obvious case inolving a victim and serious injury? It's a crap world so lets hope JWST finds something better.
Compare and contrast with the incident where Benjamin Pedley (cyclist) was killed by a drunk pedestrian who wandered out in the road without looking.
Of course, the pedestrian was not charged, nor even arrested.
https://road.cc/content/news/228969-reading-cyclist-died-after-pedestria...
Lol really?
Lesley Ann (homosexual woman)
Ben Leighton (convicted terorist)
Jack Kauf (works in porn industry)
One miscarriage of justice doesn't provide, literally, a get out of jail card for any other case.
I find it very hard to be objective about these sorts of things when killing a cyclist leads to no charges, bizarre not guilties or no real punishment when found guilty.
'of no fixed abode' - I can't help but think this played a part in it.
Well his abode is fixed for the next six months.