Driver "assaults" cyclist - gets four months

Padraig Mor · 06-09-2019 09:00AM #1

https://www.irishexaminer.com/breakingnews/ireland/court-hears-driver-assaulted-cyclist-who-held-up-middle-finger-to-him-948094.html

TLDR: alteraction between driver and cyclist, driver pulls bag off cyclist's shoulder who doesn't fall off his bike or get injured; driver gets four months in jail (substituted with 200 hours community service instead) and €500 compo for the cyclist.

Aside from the rights and wrongs of the situation - the driver was clearly in the wrong - is four months jail an excessive sentence for an 'assault' where the injured party didn't even fall off their bike, let alone actually get injured - especially in a country where people routinely walk away with suspended sentences for genuinely violent assaults? Would the €500 compensation have been enough? Compare and contrast with this earlier case where a man knocked a cyclist off his bike and began punching him on the ground - and didn't even get a conviction.

Stevieluvsye · 06-09-2019 09:06AM

Cyclists will tell you he should have got life.

tigerboon · 06-09-2019 09:09AM

Yeah, that's fair enough. How many kids cycle to school now? There isn't even bike racks in a lot of schools now. Very few is the answer and it's because of entitled d**kheads who can't lose a few seconds and put cyclists at risk. These "drivers" must be very important people when they can't lose a few seconds of their day.

ednwireland · 06-09-2019 09:09AM

i think what happened to the cyclist bit is irrelevant, the fact is the driver has been charged with and convicted of assault hence the 4 months.

ytpe2r5bxkn0c1 · 06-09-2019 09:13AM

Cyclist/motorist doesn't matter in the slightest. If someone assaults somebody then 200 hours community service (which is what he ultimately got) is right and proper.

Jelle1880 · 06-09-2019 10:18AM

You don't have to injure someone to get done for assault.

major bill · 06-09-2019 10:22AM

The chap has previous convictions for assault, harsh if it was a first time offence however have we not being advocating tougher convictions on Boards for ages now?

hollypink · 06-09-2019 10:23AM

Perhaps his previous convictions were a factor in sentencing?

Inspector Madden said Long had previous convictions including two for assault and six for assault causing harm.

pleasant Co. · 06-09-2019 10:27AM

hollypink wrote: »

Perhaps his previous convictions were a factor in sentencing?

Inspector Madden said Long had previous convictions including two for assault and six for assault causing harm.

So, the outrage energy is now free to transfer to him getting off far too leniently I suppose.

InTheShadows · 06-09-2019 10:29AM

Every single GAA player in the country would be getting 12 months or more behind bars if that was deemed to be assault. We seem to be turning into a nation of fairy's

Jelle1880 · 06-09-2019 10:48AM

InTheShadows wrote: »

Every single GAA player in the country would be getting 12 months or more behind bars if that was deemed to be assault. We seem to be turning into a nation of fairy's

If they have a long list of previous convictions and do it in public as opposed to on the pitch then they would yeah.

You think attacking someone on the street shouldn't be punished ?

dubstepper · 06-09-2019 10:53AM

The article says that he pulled the backpack off the cyclist as the cyclist went past. So in fact he tried to drag him off the bike.

ohnonotgmail · 06-09-2019 11:00AM

dubstepper wrote: »

The article says that he pulled the backpack off the cyclist as the cyclist went past. So in fact he tried to drag him off the bike.

reading the article before posting is cheating. we are supposed to take the OP at face value and be outraged accordingly.

gifted · 06-09-2019 11:05AM

Why the need to post this on AH on Boards? People get convicted of assault every day. If it's because it's a cyclist and you feel the urgent need to write something about it then wouldn't you be better off to post it in the cycling forum?

paddy19 · 06-09-2019 11:07AM

The other case is the really interesting one.

"Compare and contrast with this earlier case where a man knocked a cyclist off his bike and began punching him on the ground - and didn't even get a conviction."

"The case was struck out after he complied with a judge's order to pay €3,930 in compensation and to give €2,500 to charity."

So if you have €6,430 you can have your case struck out and leave without a blemish on your character.

You'd wonder if he wasn't a senior company executive, say someone unemployed who doesn't have €6,430 would the sentence have been the same?

06-09-2019 12:03PM

paddy19 wrote: »

You'd wonder if he wasn't a senior company executive, say someone with 8 previous convictions for aggravated assault would the sentence have been the same?

FYP

riemann · 06-09-2019 12:05PM

You have no right to put your hands on anyone.

Play stupid games, win stupid prizes.

Doubt this will be his last conviction either.

Once a prick always a prick.

Spook_ie · 06-09-2019 12:08PM

Padraig Mor wrote: »

https://www.irishexaminer.com/breakingnews/ireland/court-hears-driver-assaulted-cyclist-who-held-up-middle-finger-to-him-948094.html

TLDR: alteraction between driver and cyclist, driver pulls bag off cyclist's shoulder who doesn't fall off his bike or get injured; driver gets four months in jail (substituted with 200 hours community service instead) and €500 compo for the cyclist.

Aside from the rights and wrongs of the situation - the driver was clearly in the wrong - is four months jail an excessive sentence for an 'assault' where the injured party didn't even fall off their bike, let alone actually get injured - especially in a country where people routinely walk away with suspended sentences for genuinely violent assaults? Would the €500 compensation have been enough? Compare and contrast with this earlier case where a man knocked a cyclist off his bike and began punching him on the ground - and didn't even get a conviction.

Usual case of if you can afford it you can buy your way out of a conviction.

Potential-Monke · 06-09-2019 12:13PM

On initial reading it does appear to be too much for a simple assault, but once you realise he has 3 previous convictions for assault and 6 for assault causing harm, it's right on imo.

@paddy19: Yes, the rich can get off sentences by paying money. Always been this way. It's up to the discretion of the judge.

AudreyHepburn · 06-09-2019 12:14PM

Of course it’s not excessive - does the OP honestly think the motorist should not be punished?

Particularly given that this is not his run in with law for assault.

Balanadan · 06-09-2019 12:46PM

Bloody cyclists

06-09-2019 12:48PM

Balanadan wrote: »

Bloody cyclists

My man Balanadan with another prize offering.

The Tetrarch · 06-09-2019 12:56PM

riemann wrote: »

Play stupid games, win stupid prizes.

I laughed.

The car driver pleaded guilty.
The only thing to decide then was the sentence.
His next sentence, and there will be a next time, might be more interesting.

Obvious Desperate Breakfasts · 06-09-2019 12:56PM

This will be a measured, reasonable thread.

antodeco · 06-09-2019 12:58PM

To try and play devil's advocate

The driver thought the cyclist damaged his car. He called after the cyclist who gave him the middle finger and tried cycling off. The driver grabbed the cyclist to prevent him from getting away. During this, he pulled the cyclists backpack from him.

This is what is said in the story. If he had had no previous convictions, would his story have held up better in court? Certainly if I felt my car was damaged by someone, I would try and stop them from getting away.

TheChizler · 06-09-2019 01:01PM

antodeco wrote: »

The driver thought the cyclist damaged his car.

While he was driving past. So he must have though he had hit the other person with his car for this to be true.

If you drive close enough to anything as you're passing and you think damage has been caused, you are in the wrong there.

06-09-2019 01:29PM

:pac:

Sorry, Guard, I thought he'd damaged the car with his bike and with his right leg. He then proceeded to damage my knuckles with his nose about 5 or 6 times and maliciously and wantonly rammed his midriff into my size 11 doc martens while he was on the ground.

Ray Palmer · 06-09-2019 01:35PM

antodeco wrote: »

To try and play devil's advocate

The driver thought the cyclist damaged his car. He called after the cyclist who gave him the middle finger and tried cycling off. The driver grabbed the cyclist to prevent him from getting away. During this, he pulled the cyclists backpack from him.

This is what is said in the story. If he had had no previous convictions, would his story have held up better in court? Certainly if I felt my car was damaged by someone, I would try and stop them from getting away.

He aggressively tailgated the cyclist for a distance. Then pulled along side him to argue with him. Drove up past him and then tried to physically stop him while taking property away from the cyclist. He very easily could have killed the cyclist.

Padraig Mor · 06-09-2019 03:09PM

AudreyHepburn wrote: »

does the OP honestly think the motorist should not be punished?
.

I didn't say that at all.

Hey, driver is obviously a dick but when plenty of people get off with a suspended sentence for vicious assaults, is a four month sentence really appropriate for an incident where no one was actually hurt? 'Handbags' as it used be known? Or is it the sentencing of other assaults that is out of whack?

ohnonotgmail · 06-09-2019 03:10PM

Padraig Mor wrote: »

I didn't say that at all. Hey, driver is obviously a dick but when plenty of people get off with a suspended sentence for vicious assaults, is a four month sentence really appropriate for an incident where no one was actually hurt? 'Handbags' as it used be known? Or is it the sentencing of other assaults that is out of whack?

well he didnt end up with a four month sentence did? he got community service instead. And it wasnt like it was his first time assaulting somebody. that makes a difference to the sentence.

Potential-Monke · 06-09-2019 03:17PM

TheChizler wrote: »

While he was driving past. So he must have though he had hit the other person with his car for this to be true.

If you drive close enough to anything as you're passing and you think damage has been caused, you are in the wrong there.

Ray Palmer wrote: »

He aggressively tailgated the cyclist for a distance. Then pulled along side him to argue with him. Drove up past him and then tried to physically stop him while taking property away from the cyclist. He very easily could have killed the cyclist.

I'm not sure where ye are getting the information from, but there's no mention of what happened before the tailgating. It literally starts when the cyclist noticed the car behind him. Going by what's in the article from the OP, we don't know what happened prior to that, only that the defendant (car driver) said he thought the cyclist hit is car and that's why he was following.

If there's another article that explains it more, please link it. But to assume anything before the cyclist noticed the car behind him is wrong. I'm not defending him by the way, just don't like speculation in legal cases.

Padraig Mor wrote: »

I didn't say that at all. Hey, driver is obviously a dick but when plenty of people get off with a suspended sentence for vicious assaults, is a four month sentence really appropriate for an incident where no one was actually hurt? 'Handbags' as it used be known? Or is it the sentencing of other assaults that is out of whack?

It's all down to the judge. He saw a minor assault (keep in mind, you can be assaulted without being physically touched, Section 2 of the Non-Fatal Offences Against the Person Act), but due to 3 assault and 6 assault causing harm previous convictions, it was a larger sentence than someone up for the first time. And rightly so.

Other assaults, again it's hard to decide what is right or wrong without seeing the facts of the individual cases. You may be referring to previous assaults discussed here, but I have a very short memory for these types of things!

Driver "assaults" cyclist - gets four months

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