Charlie Alliston case - fixie rider accused of causing pedestrian death

[rliu]

He's not. Insight and remorse are routinely taken into account in legal proceedings. He showed neither. He was an arrogant cock, who displayed callous disregard for what he did, and I hope the judge reflects that in her sentencing.

Attitude is relevant at sentencing stage, not when a court and jury are deciding if somebody is guilty of a crime in the first place.

 

[Fab Foodie]

I though this an interesting article for debate....only had a quick read so far.
https://www.theguardian.com/environ...ed-cyclists-wanton-and-furious-driving-charge

 

[Tin Pot]

I did know, but at age 18? I would've known that it was a stupid idea, though.

+1

 

[Fab Foodie]

I agree as much as this contemptible little shoot deserves a short prison sentence how many of us can honestly say having no front brake was illegal before this case?

As per User482, common-sense would make me realise it was a dumb idea. But this guy was part of the Courier/fixed wheel fraternity and I'm pretty certain this must have been mentioned at some time. Apart from Bravado and fashion, there's no good reason not to have a front brake on a road bike.
Interesting interview from the m,echanic at 'Look mum no hands' this morning on R4.

 

[Tin Pot]

What's the point in changing the law due to this case?

He was prosecuted successfully.

I'm tired of hearing about new laws that change nothing materially. Simplifying the law is different - e.g. Killing people and their death being your fault should be covered by a single law, whether a bike, car or spoon is involved.

 

[growingvegetables]

Good luck trying to divine the CPS's reasons for proceeding with a prosecution ...

... a woman died, as a result of a collision which could have been avoided? Arguable - "could have been avoided", and a court of law was the appropriate place for the argument?

... and their choice of charge(s).

Arguably - because of gaps, incongruities, and archaisms in the law?

 

[voyager]

Maybe bringing cycling offences into the road traffic act or creating a new offence is not necessary now there's a precedent for convicting a cyclist for 'wanton and furious driving'.

this has always been on the books , but was rarely used

 

[swansonj]

I thought what he was saying made a good deal of sense -
....

It made a good deal of sense - if you regard the perhaps one case a year in which a pedestrian is killed by a cyclist, and the fraction of that one case a year in which the cyclist merits prosecution, and the fraction of that fraction of that one case per year in which the existing laws are not adequate, as sufficient basis for campaigning for a change in the law.

 

[glasgowcyclist]

Are there sentencing guidelines for the conviction under wanton & furious? Or will the judge be guided by those available for causing death by dangerous/careless driving?

 

[glasgowcyclist]

I love being noticed...

View attachment 369761

I'd love it if people read the question being asked!

I know what the maximum sentence available is.

There are sentencing guidelines for equivalent offences by motorists where thresholds for the various options are to be considered by the sentencing judge, such as: has the threshold for a custodial sentence been passed?

That's what I'm asking about.

 

[rliu]

https://www.thesun.co.uk/news/4295825/cyclist-charlie-alliston-kim-briggs/

This is the level of media hysteria being whipped up now, automatically assuming the only reason he didn't have a haircut a few weeks earlier is to hide a skull tattoo from the jury. In any case you can still see that tattoo poking out in the longer haired photo.

I'm not going to argue Alliston wasn't guilty of a crime, but the media reaction, particularly the tabloid rags like Sun and Daily Mail, has been totally to use this tragic case to peddle their general hatred of cyclists.

 

[glasgowcyclist]

https://www.thesun.co.uk/news/4295825/cyclist-charlie-alliston-kim-briggs/

This is the level of media hysteria being whipped up now, automatically assuming the only reason he didn't have a haircut a few weeks earlier is to hide a skull tattoo from the jury. In any case you can still see that tattoo poking out in the longer haired photo.

I'm not going to argue Alliston wasn't guilty of a crime, but the media reaction, particularly the tabloid rags like Sun and Daily Mail, has been totally to use this tragic case to peddle their general hatred of cyclists.

And they'll string it out as long as possible. I've already seen an article headed "Who is Charlie Alliston?" in one of the gutter rags.

Get ready for the whole thing to be repeated at sentencing next month.

 

[MiK1138]

How many bikes have bells these days ?
Mine dont because I believe a shout is quicker and louder .

In the same situation after a collision could it be possible someone could be jailed for wilfully riding without a bell?

Mine does but is only used for alerting pedestrians on a shared path that i am approaching, someone stepping out in front of me would get a shout(probably a rather sweary shout)

 

[Pale Rider]

I'd love it if people read the question being asked!

I know what the maximum sentence available is.

There are sentencing guidelines for equivalent offences by motorists where thresholds for the various options are to be considered by the sentencing judge, such as: has the threshold for a custodial sentence been passed?

That's what I'm asking about.

No guidelines.

The chances are the judge will have invited both barristers to refer her to other similar cases which have been dealt with, if they want to.

There's a couple in one of the BBC stories which both resulted in immediate custody.

The prosecutor might refer to those on sentencing day, the defending barrister might be able to dig up other cases in which a more lenient sentence was passed.

 

[bugbear]

a bike courier and was a fan of alley-cat racing. If he didn't understand more than most of us here about the law on brakes and the techniques of track riding then I've got a bridge I'd like to interest you in.

I just joined the forum to agree with this, and express my surprise that the prosecution didn't make more of it. I guess they concentrated on the most clearly provable point.

BugBear