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No jail for driver who deliberately drove through cyclist at traffic lights

mamax

Only in Ireland, what a joke in any other country this would have been prison and would not have taken this long to go to court, we have a terrible justice system.

http://www.stickybottle.com/latest-news/no-jail-for-driver-who-deliberately-drove-through-cyclist-at-traffic-lights/

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Blazer

is_that_so wrote: »

Driving offences are not always jailing offences although I do think he probably should have lost his licence in this case. Outcome here is that the cyclist is OK, will be compensated and the driver has a 3 year prison sentence hanging over him.

Out of the 5 previous convictions only one was related to motoring ie dangerous driving.
The guy is a complete scumbag.

is_that_so

Blazer wrote: »

You mean the 5 previous convictions weren’t enough? Justice is a farce in this country. No one can deny that.

Driving offences are not always jailing offences although I do think he probably should have lost his licence in this case. Outcome here is that the cyclist is OK, will be compensated and the driver has a 3 year prison sentence hanging over him.

Blazer

is_that_so wrote: »

And I guess this is why you're not in the legal system dispensing justice! It's a final warning for him.

You mean the 5 previous convictions weren’t enough? Justice is a farce in this country. No one can deny that.

plodder

begbysback wrote: »

Now cmon, he didn’t actually drive ‘over’ him, it seems the injuries were minimal, plus the judge had the benefit of cctv which I’m sure was a factor in his decision.

Look at this rationally, if your the driver and you have to pay 10k then it’s gonna hurt, on the other hand if your the cyclist do you want the driver to go to jail, or have him pay you 10k - if I’m the cyclist I’d take the 10k

That's exactly the type of dilemma I think we shouldn't be encouraging. It may be a good result for the victim in this case. But, 'society' gets nothing out of it if he is back behind the wheel, ready to go into a "blur" again the next time someone looks at him sideways. He's been convicted of dangerous driving before. Why is he going to learn his lesson this time?

nthclare

mikemac2 wrote: »

Don't the Brits have local magistrates doing much of what our district court judges do

It isn't paid and I suppose is largely done by retired people who want to fill their time. Dunno if its better than what we have though.

They do and it works really well, I've a friend from Norfolk he's an old money new age traveller.
He's a bit rebellious, but he says that the Irish judiciary isn't a patch on the UK

Do the crime do the time

is_that_so

bmc58 wrote: »

Some hope of getting €10,000 off that boyo.

There'll just be an attachment of earnings.

goat2

Did he lose his driving licence,

is_that_so

Blazer wrote: »

He should be inside already.
Quite honestly I reckon that cyclist now has carde blanche to run him over. There’s no way he’d serve any time over it.

And I guess this is why you're not in the legal system dispensing justice! It's a final warning for him.

begbysback

Jesus people, the context of the thread here is along the lines of suitable punishment for the crime, in order to judge suitable punishment you have to be aware of the facts - I pasted the quotes from the times as they seem to contradict the added drama of the other source.

I didn’t add them as an excuse for the driver of the car, they were added as a means of arriving at a suitable punishment, rather than just reading the thread title and posting the usual rhetoric.

Blazer

is_that_so wrote: »

Why? He did get a 3 year sentence, suspended for now and got fined a whole lot of money. With his track record he could find himself inside soon enough.

He should be inside already.
Quite honestly I reckon that cyclist now has carde blanche to run him over. There’s no way he’d serve any time over it.

is_that_so

_Brian wrote: »

That’s truly a travesty of justice.

Why? He did get a 3 year sentence, suspended for now and got fined a whole lot of money. With his track record he could find himself inside soon enough.

bmc58

BorneTobyWilde wrote: »

''Kearns had been a very good golfer but lost his form ''

Ah well that explains it, good enough reason to run someone over. All well that ends well,
let that be a lesson to cyclists everywhere, don't mess with someone who has lost their golfing form.

Well I played golf for many years and was pretty handy off my handicap.Then suddently got "the shanks" (any golfer will know this ailment).It really ruined my confidence and my golf.BUT I didn't drive home each day looking to flatten someone who looked crooked at me.

CalamariFritti

Weepsie wrote: »

"He added Kearns had been a very good golfer but lost his form and he had become depressed."

That should be laughed out of the record.

Also Martin Nolan. Say no more. The man is a massive embarrassment to the entire nation imo

If I ever saw a valid mitigating circumstance there it is. You have no idea.

I am joking, just in case...

Remind me

begbysback wrote: »

“His victim suffered minor injuries, including soft tissue damage, and has since made a full recovery.“

“CCTV footage played in Dublin Circuit Criminal Court showed Sean Kearns driving straight at cyclist Marcelo Valencia, causing him to come crashing off his bicycle on the middle of a busy road five years ago.”

That’s taken from the times article, the other source may be slightly biased as there’s a noticeable difference between the 2 reports.

That is no excuse how bad his injuries were. A car against a cyclist has 1 winner and I don’t think it’s OTT to say he could have killed him.

If it was first offence and a lot of remorse shown you could have accepted the judgement but 6 previous convictions including dangerous driving means this is extremely lenient.

He purposely drove a car at someone FFS, don’t make excuses for him.

mikemac2

nthclare wrote: »

I think judge's should be a mixture of laymen and laywomen with a list of crimes and sentences in front of them and if the person is found guilty put them away...

Don't the Brits have local magistrates doing much of what our district court judges do

It isn't paid and I suppose is largely done by retired people who want to fill their time. Dunno if its better than what we have though.

mamax

begbysback wrote: »

“His victim suffered minor injuries, including soft tissue damage, and has since made a full recovery.“

“CCTV footage played in Dublin Circuit Criminal Court showed Sean Kearns driving straight at cyclist Marcelo Valencia, causing him to come crashing off his bicycle on the middle of a busy road five years ago.”

That’s taken from the times article, the other source may be slightly biased as there’s a noticeable difference between the 2 reports.

Sorry I don't see where your argument is going, most people would see the "Intent" in what he did which was to cause actual harm to the cyclist, regardless of how serious the injuries were.

You could get 10 years in jail for "attempted murder with a deadly weapon"
He drove a 2 ton deadly weapon towards a person to try to injure him, that's the bottom line here for me.... or am I wrong ?

bmc58

Weepsie wrote: »

"He added Kearns had been a very good golfer but lost his form and he had become depressed."

That should be laughed out of the record.

Also Martin Nolan. Say no more. The man is a massive embarrassment to the entire nation imo

Nolan is fast becoming a legend in the judiciary.

nthclare

It's nearly time for the judiciary system in Ireland to be reviewed.
Time and time again I get the impression that some judge's are putting themselves in people's shoes rather than being of sober thinking.

I remember a judge from Trailee Kerry was supposedly being lenient on the most horrific of crimes towards the vunerable of society.

Then a few years later he was caught red handed with a stash of not so tasteful web browsing etc

I think judge's should be a mixture of laymen and laywomen with a list of crimes and sentences in front of them and if the person is found guilty put them away... obviously this cyclist was dismissed and the perpetrator was held in high esteem..

I have moaned about cyclists here before, but call a spade a spade.
I'm supporting the cyclists on this one.

begbysback

mamax wrote: »

To be honest too many scumbags get off with a fine for this kind of behavior.
Maybe not over but it's still hit and run with the hit meaning to hurt or kill.

“His victim suffered minor injuries, including soft tissue damage, and has since made a full recovery.“

“CCTV footage played in Dublin Circuit Criminal Court showed Sean Kearns driving straight at cyclist Marcelo Valencia, causing him to come crashing off his bicycle on the middle of a busy road five years ago.”

That’s taken from the times article, the other source may be slightly biased as there’s a noticeable difference between the 2 reports.

BorneTobyWilde

''Kearns had been a very good golfer but lost his form ''

Ah well that explains it, good enough reason to run someone over. All well that ends well,
let that be a lesson to cyclists everywhere, don't mess with someone who has lost their golfing form.

Marty Bird

Martin Nolan say no more..

mamax

begbysback wrote: »

Now cmon, he didn’t actually drive ‘over’ him, it seems the injuries were minimal, plus the judge had the benefit of cctv which I’m sure was a factor in his decision.

Look at this rationally, if your the driver and you have to pay 10k then it’s gonna hurt, on the other hand if your the cyclist do you want the driver to go to jail, or have him pay you 10k - if I’m the cyclist I’d take the 10k

To be honest too many scumbags get off with a fine for this kind of behavior.
Maybe not over but it's still hit and run with the hit meaning to hurt or kill.

CCTV footage viewed in court showed Kearns drive into and through Mr Valencia on the road when the cyclist stopped in front of the car Kearns was driving at red lights.
The cyclist was sent up into the air on impact and then onto the road, suffering a series of injuries.

bmc58

jaxxx wrote: »

Sorry lads but I hate cyclists!

Joking aside (jealousy really cos I actually can't cycle), that verdict is ridiculous. The order for payment is good, but that's nowhere near enough. He should have his license suspended INDEFINITELY. Forgetting his previous convictions, deliberately driving at a cyclist is abominable. His lawyer using depression as an excuse is sickening. I've had depression for 10 years, I've never tried to deliberately drive into a cyclist!

I agree.A person with that mentality is liable to repeat their actions at any time.Is he still allowed to drive?

[Deleted User]

begbysback wrote: »

Now cmon, he didn’t actually drive ‘over’ him, it seems the injuries were minimal, plus the judge had the benefit of cctv which I’m sure was a factor in his decision.

Look at this rationally, if your the driver and you have to pay 10k then it’s gonna hurt, on the other hand if your the cyclist do you want the driver to go to jail, or have him pay you 10k - if I’m the cyclist I’d take the 10k

10k, off the road a decade and minimum year jail time

you dont encourage people to ram cyclists on the off chance they wont be seriously hurt, thats ridiculous.

AllForIt

I don't really see how looking back at a driver for bad driving could be described as 'provoking'. Cars beep at each other all the time for bad driving - is that considered provoking too. If the culprit genuinely felt provoked by this then that only shows the he as a driver felt utterly superior to the cyclist in the first place, simply because he's a driver.

bmc58

mamax wrote: »

More here > https://www.irishtimes.com/news/crime-and-law/courts/circuit-court/suspended-sentence-for-man-who-deliberately-crashed-into-cyclist-1.4094339

So the message the judge sends out is it's ok to run over a cyclist if your having a bad day it will only cost you 10 grand, what a load of bollicks, that judge should be struck off.
What if everyone driving a car tomorrow was having a bad day :eek:

Some hope of getting €10,000 off that boyo.

begbysback

mamax wrote: »

If you take away emotions then he deliberately drove over a cyclist !!!, nothing rational about that, wrong punishment, that scumbag should have got jail time.
I'm all for giving a fella a 2nd chance but not a fella with several convictions, he meant to hurt the guy badly and now he's laughing his arse off at our court system, next time he might actually kill someone.

Now cmon, he didn’t actually drive ‘over’ him, it seems the injuries were minimal, plus the judge had the benefit of cctv which I’m sure was a factor in his decision.

Look at this rationally, if your the driver and you have to pay 10k then it’s gonna hurt, on the other hand if your the cyclist do you want the driver to go to jail, or have him pay you 10k - if I’m the cyclist I’d take the 10k

73bc61lyohr0mu

That's ireland for you. Nearly kill someone or attempted murder and its a suspended sentence. Don't pay your TV licence or say something hurtful online and you have the whole justice system down on top of you...

mamax

I wonder what Shane Ross will make of that, does anyone know how we could ask him for a comment on the judge's decision ?

enricoh

Last week a learner driver in Dublin got a suspended sentence for pulling out in front of a delivery driver on a scooter. The lad on the scooter died.

https://news.google.com/articles/CAIiENO6wlu-rXBXIecU7YmfRhIqGAgEKg8IACoHCAowyNLTATDN-jUwjbOhAQ?hl=en-IE&gl=IE&ceid=IE%3Aen