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Assault with a deadly weapon - a car?
When I was in town earlier today cycling along, a motorist drove past hurling a load of abuse at me for some reason. I was quite shocked at this as I was unaware that I had done anything wrong. The vehicle stopped at the next set of traffic lights, and I approached the driver’s window querying his actions. The driver hurled more abuse at me and I told him where to go. As the lights turned to green, I spat on the car (yes, I know what you’re thinking, but I’m telling you the whole truth…). Anyway, as I continued to cycle on, the driver then drove his vehicle into me leaving me in a heap on the pavement. Fortunately my bike bore the brunt of the collision and I escaped with cuts and bruises and some whiplash. The driver then drove off. There were plenty of eye witnesses to the incident who came forward and gave me their details. Correct me if I’m wrong, but isn’t assaulting someone with a car at speed ‘assault with a deadly weapon’ and comes under GBH? Furthermore, judging from the behaviour of the individual and the way he was talking, I’m certain that he was high on cocaine at the time, although I’m not sure how provable this would be. Can anyone clarify the legal situation for me a bit more before I take things any further? Thanks. -- dannyfrankszzz |
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#2
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Assault with a deadly weapon - a car?
"dannyfrankszzz" wrote in message ... If you haven't already - report it to the police. If you are a CTC member, have a word with the CTC about legal advice. Cheers, helen s |
#3
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Assault with a deadly weapon - a car?
"dannyfrankszzz" wrote in message ... When I was in town earlier today cycling along, a motorist drove past hurling a load of abuse at me for some reason. I was quite shocked at this as I was unaware that I had done anything wrong. The vehicle stopped at the next set of traffic lights, and I approached the driver's window querying his actions. The driver hurled more abuse at me and I told him where to go. As the lights turned to green, I spat on the car (yes, I know what you're thinking, but I'm telling you the whole truth.). Anyway, as I continued to cycle on, the driver then drove his vehicle into me leaving me in a heap on the pavement. Fortunately my bike bore the brunt of the collision and I escaped with cuts and bruises and some whiplash. The driver then drove off. I reckon I will be in a minority of one here, but personally I think you are a bloody idiot. I don't care how hard anyone is, pick a fight with a car and you will lose. Was it really worth it, you injured and your bike probably damaged. When such things happen to me I just let it go over my head and attribute it all to life's wonderful tapestry. Having said that I have been known to leave a cycling shoe shaped dent in a car door, but I had an escape route!! Bill |
#4
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Assault with a deadly weapon - a car?
dannyfrankszzz wrote:
Can anyone clarify the legal situation for me a bit more before I take things any further? Go straight to the police - the longer you leave it the weaker your case. People have been jailed for such actions and it is a criminal, not civil, case. -- Tony "I did make a mistake once - I thought I'd made a mistake but I hadn't" Anon |
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Assault with a deadly weapon - a car?
"Bill" wrote in message
... I reckon I will be in a minority of one here, but personally I think you are a bloody idiot. I don't care how hard anyone is, pick a fight with a car and you will lose. Was it really worth it, you injured and your bike probably damaged. When such things happen to me I just let it go over my head and attribute it all to life's wonderful tapestry. There are idiots out there who will "bait" you while you are on a bike, and it sounds like the OP took the bait. I have developed a useful survival skill of *acting* like like I have not even noticed these idiots, as even acknowledging their sorry existence is a waste of your time. |
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Assault with a deadly weapon - a car?
dannyfrankszzz wrote:
When I was in town earlier today cycling along, a motorist drove past hurling a load of abuse at me for some reason. I was quite shocked at this as I was unaware that I had done anything wrong. The vehicle stopped at the next set of traffic lights, and I approached the driver’s window querying his actions. The driver hurled more abuse at me and I told him where to go. As the lights turned to green, I spat on the car (yes, I know what you’re thinking, but I’m telling you the whole truth…). Anyway, as I continued to cycle on, the driver then drove his vehicle into me leaving me in a heap on the pavement. Fortunately my bike bore the brunt of the collision and I escaped with cuts and bruises and some whiplash. The driver then drove off. There were plenty of eye witnesses to the incident who came forward and gave me their details. I think you were an idiot. Retaliating against someone who is already clearly a maniac is only asking for further trouble. It will almost certainly result in the driver becoming more aggressive, if not against you against someone else. The driver clearly had a problem of some kind. By telling him "where to go" and spitting you effectively have lowered yourself to the same level as the driver. IMO you should have taken the number of the vehicle and reported it rather than getting involved. Correct me if I’m wrong, but isn’t assaulting someone with a car at speed ‘assault with a deadly weapon’ and comes under GBH? I'm sure it could be taken that way, but given your responses I think you should count yourself lucky the drive didn't pull a knife or a gun on you. Never *ever* should a cyclist retaliate aggressively. The risks are just far too high. Furthermore, judging from the behaviour of the individual and the way he was talking, I’m certain that he was high on cocaine at the time, although I’m not sure how provable this would be. Irrelevant. If anything, you may find that it would be used as a mitigating circumstance - on the driver's behalf. I can imagine the plea by the defence: "M'lud, my client has depression caused by [insert wife playing away, dog dying, alcohol dependency] and is taking medical advice [he's seen the station doctor] to remedy it" :-( Can anyone clarify the legal situation for me a bit more before I take things any further? Notwithstanding the above, I think you should report it, but be aware that you will end up on the end of the questionning too. Given the attitude of many in 'authority' to cyclists and their oft pro-motorist stance, you may find yourself under quite a bit of fire. I doubt you wanted to hear this, but I found myself in a similar situation once when I was physically attacked. The attacker will *always* plead provocation, then, if/when that fails out will come the mitigating circumstances. John B |
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Assault with a deadly weapon - a car?
Bill wrote:
"dannyfrankszzz" When I was in town earlier today cycling along, a motorist drove past hurling a load of abuse at me for some reason. I was quite shocked at this as I was unaware that I had done anything wrong. The vehicle stopped at the next set of traffic lights, and I approached the driver's window querying his actions. The driver hurled more abuse at me and I told him where to go. As the lights turned to green, I spat on the car (yes, I know what you're thinking, but I'm telling you the whole truth.). Anyway, as I continued to cycle on, the driver then drove his vehicle into me leaving me in a heap on the pavement. Fortunately my bike bore the brunt of the collision and I escaped with cuts and bruises and some whiplash. The driver then drove off. I reckon I will be in a minority of one here, but personally I think you are a bloody idiot. You're probably right. But that doesn't alter the fact that the OP was assualted with intent to cause GBH (at least) and his attacker needs to be locked (if not strung) up. If the price of this is accepting a slapped wrist for conduct likely to cause a breach of the peace, so be it. Hope he's got his number and description. Colin McKenzie |
#8
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Assault with a deadly weapon - a car?
On Fri, 23 Sep 2005 06:33:05 +1000, dannyfrankszzz
wrote: Correct me if I’m wrong, but isn’t assaulting someone with a car at speed ‘assault with a deadly weapon’ and comes under GBH? GBH implies serious injury, a broken bone - even a broken nose is classed as GBH. Cuts and bruises is actual bodily harm (ABH). Spitting at someone is common assault. |
#9
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Assault with a deadly weapon - a car?
"Bertie Wiggins" wrote in message
... Spitting at someone is common assault. Is spitting *on a car* common assault? ....or is it "criminal damage"? |
#10
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Assault with a deadly weapon - a car?
Having said that I have been known to leave a cycling shoe shaped dent in a car door, but I had an escape route!! And would you be willing to pay for the damage should you be caught? The smug pride in causing criminal damage to motor vehicles leaves me speechless at times. It simply cannot be justified. |
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