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Assault with a deadly weapon - a car?



 
 
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  #1  
Old September 22nd 05, 09:33 PM
dannyfrankszzz
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Default 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
driverís 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 youíre thinking, but Iím telling you the
whole truthÖ).

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 Iím wrong, but isnít assaulting someone with a car at
speed Ďassault with a deadly weaponí and comes under GBH?

Furthermore, judging from the behaviour of the individual and the way
he was talking, Iím certain that he was high on cocaine at the time,
although Iím 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  
Old September 22nd 05, 09:44 PM
wafflycat
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Default 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  
Old September 22nd 05, 09:48 PM
Bill
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Default 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  
Old September 22nd 05, 09:56 PM
Tony Raven
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Default 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
  #5  
Old September 22nd 05, 10:24 PM
Adrian Boliston
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Default 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.


  #6  
Old September 22nd 05, 10:31 PM
JohnB
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Default 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
driverís 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 youíre thinking, but Iím telling you the
whole truthÖ).

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 Iím wrong, but isnít assaulting someone with a car at
speed Ďassault with a deadly weaponí 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, Iím certain that he was high on cocaine at the time,
although Iím 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
  #7  
Old September 22nd 05, 10:49 PM
Colin McKenzie
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Default 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  
Old September 22nd 05, 10:58 PM
Bertie Wiggins
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Default Assault with a deadly weapon - a car?

On Fri, 23 Sep 2005 06:33:05 +1000, dannyfrankszzz
wrote:

Correct me if Iím wrong, but isnít assaulting someone with a car at
speed Ďassault with a deadly weaponí 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  
Old September 22nd 05, 11:10 PM
Adrian Boliston
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Default 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  
Old September 22nd 05, 11:20 PM
vernon
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Default 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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