Charlie Alliston case - fixie rider accused of causing pedestrian death

[Pale Rider]

A cyclist has been charged following a fatal collision with a pedestrian.

Details are scant, but it appears Charlie Alliston hit Kim Briggs as she used a pedestrian crossing in Old Street, central London.

Ms Briggs died 'about a week later' in hospital.

The charge 'causing bodily harm by wilful misconduct' is an unusual one.

It's contrary to a section of the Offences Against the Person Act of 1861.

Despite being an old Act, other sections are still in very common use.

Most assault charges - assault occasioning actual bodily harm, causing grievous bodily harm, and unlawful wounding - are all contrary to sections of it.

The wording of the charge faced by the cyclist suggests he is not being held responsible for the death of Ms Briggs, only for injuring her.

Seems odd given that she died only a week or so later.

There may be medical evidence which proves the cyclist did not cause the death, only an injury.

But on the face of it, the charge looks an odd one.

http://hackneycitizen.co.uk/2016/09/14/bicycle-death-old-street-kim-briggs-man-charged/

 

[alicat]

As you say, details are scant and perhaps Ms Briggs' death was not caused by the collision.

 

[mjr]

Yes, an odd charge. Strange not to use the cycling offences. Possibly the cycling is incidental?

 

[midlife]

Maybe Ms Briggs threw a pulmonary embolism or similar semi random event not directly attributable to the original injury?

Shaun

 

[velovoice]

After several re-readings of that uninformative article linked to in the OP, I wonder - is it possible it was the young man who was on foot and the now-deceased who was on a bicycle?

 

[midlife]

http://www.standard.co.uk/news/lond...into-by-a-cyclist-at-old-street-a3198936.html

There are a few more articles to read that cover it a bit better, the above example having more info

Shaun

 

[Pale Rider]

The man charged was riding a bike.

This BBC article is even shorter on detail, but does make that clear.

I suspect the explanation is as been alluded to upthread.

The cyclist is charged with causing a relatively minor physical injury during the collision, but the victim died from an unrelated medical condition.

http://www.bbc.co.uk/news/uk-england-london-37365010

 

[velovoice]

Thanks for additional coverage. As you say, an odd case.

 

[Slick]

What a waste. Hopefully the family get more answers than reported so far.

 

[Profpointy]

Whilst it may well be that the cyclist has done wrong, befitting the charge, it does also seem a marked contrast that this is an assault charge, yet deliberately driving a car at someone is usually dangerous driving or even careless driving - eg the range rover deliberately driven into the toddler in a trailer recenlty.

 

[Slick]

I'm obviously no lawyer, but I have heard about assault charges being used in other strange circumstances. A young scaffolder in London was immediately charged with causing grievous bodily harm when a tube slipped from his grasp and struck 2 pedestrians below.

 

[jarlrmai]

It's odd to find a case where the doctors have stated that cause of death was not in someway attributed to a recent prior trauma.

 

[glasgowcyclist]

He appeared at the Old Bailey today and his 3-day trial has been set for January 2017.

 

[Dannz]

35 Drivers of carriages injuring persons by furious driving.
Whosoever, having the charge of any carriage or vehicle, shall by wanton or furious driving or racing, or other wilful misconduct, or by wilful neglect, do or cause to be done any bodily harm to any person whatsoever, shall be guilty of a misdemeanor, and being convicted thereof shall be liable, at the discretion of the court, to be imprisoned for any term not exceeding two years.

Something to keep in mind for motorists who by wilful neglect cause bodily harm to cyclists. (this would include cuts, grazes, bruises etc.).

In 2009 a cyclist was prosecuted under this section after he had ridden on the pavement and hit and killed an 84-year old pedestrian. Hall was jailed for seven months: http://www.bikehub.co.uk/featured-articles/cycling-and-the-law/

In principle, a cyclist who runs a red light and e.g. causes a car to brake suddenly resulting in whiplash injury might be prosecuted under this since there was 'wilful misconduct' by going through the red light.

 

[glasgowcyclist]

Trial scheduled for today, 14 August, at the Old Bailey

Court 11 at 10am New trial of Charlie Alliston,20, a cyclist, who hit and killed mother-of-two Kim Briggs, 44, as she was on her lunch break in Old Street, central London, on 12 February last year. The victim worked as an HR executive. He is accused of wanton and furious riding and his bike allegedly had no front brake.