'Road rage' van driver [Adrian Burrows] punched cyclist in the face for not using a bike path

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wiggydiggy

Legendary Member
https://www.manchestereveningnews.co.uk/news/uk-news/road-rage-van-driver-punched-31479188

Adrian Burrows

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"A cyclist was left with a 3cm gash on his ear after an furious van driver punched him in the face for not using a bike path. Adrian Burrows, 40, slammed on his brakes and jumped out of his car before assaulting the 57-year-old cyclist, who was on a bike ride with his wife in Bridlington.
The van driver had become enraged after an "emotionally charged" argument with the cyclist, in which he called him a "f***ing southerner", Hull Crown Court heard.
Prosecutor Jennifer Gatland told the court that the couple were cycling along Kingsgate in the Yorkshire seaside town at around 9am on June 29 when Burrows passed them in a van, Hull Live reports.
She told the court he shouted at them: "There's a f***ing bike path over there."
The court heard that the cyclist replied: "What is it to do with you, mate?" to which Burrows responded: "F*** off, you southern c***".
Burrows then drove in front of the couple before slamming on his brakes at a bus stop and jumping out of his vehicle.
The cyclist had to slam on his brakes and swerve into the road to prevent crashing into the van, the court heard.
Burrows walked up to the cyclist and immediately punched him in the left side of his face, leaving him feeling dazed. The cyclist was still upright with his right leg attached to the bicycle through the stirrup.
Burrows then threw the cyclist's bike onto the floor leaving it damaged and scratched, Ms Gatland told the court.
The cyclist's wife shouted to Burrows: "What's wrong with you? Are you on drugs?"
The cyclist then took the keys of the van and told his wife to phone the police, the court heard. However the cyclist then gave the keys back to Burrows fearing he may be assaulted again.
Ms Gatland said the cyclist went to an urgent treatment centre in Bridlington to get his injuries looked at. He had swelling, sore ribs, and bruising to his knee and legs, the court heard.
The cyclist had also suffered a 3cm laceration in the folds of his ear, which had to be glued back together.
The bicycle suffered a snapped gear mechanism and damaged handlebars, which cost £133 to repair.
Burrows, 40, of Chapel Garth, Skipsea, admitted assaulting the man, causing actual bodily harm, and causing criminal damage to the bicycle.
The cyclist said he had felt "anxious and nervous every time I go out on the bike" in the 10 months since the assault. "I am always on edge every time a vehicle passes me," he said.
"I struggle to comprehend the level of hatred to cyclists," he added.
The cyclist also said he "never thought being a southerner was so much of a problem with some people".
Oliver Shipley, mitigating for Burrows, said that the father-of-two had never been in trouble for violence in his life. The court heard that he has a previous conviction for possessing cannabis in 2012.
Mr Shipley told the court that it has been an "ordinary day" for the defendant, a self-employed bathroom fitter, who was in his work van.
He said there was a disagreement with the cyclist over the laws of the road for cyclists and where they should be positioned on the road.
Mr Shipley told the court: "What can't be justified or minimised is his behaviour following discussions with the cyclist about what happened. He makes no effort to minimise or excuse his behaviour. He knows that, to defuse that situation, there are other means available to him other than an act that was well in excess of self-defence."
He said the roadside incident was "emotionally charged" and said it was "unfortunate that this has got the better of the defendant in that situation".
Mr Shipley added: "He is sorry for having acted in this way. This was not committed under the influence of alcohol. It was committed in the course of the working day.
"This was short-lived. The defendant accepts that this would have been particularly unpleasant for the complainant and his partner, having set out on their bikes not expecting the day to include this type of event. He has learned his lesson."

Adrian Burrows
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Bonefish Blues

Banging donk
Location
52 Festive Road
Burrows was given 150 hours' unpaid work and he was ordered to pay £133 compensation for bicycle repairs.
 

Alex321

Guru
Location
South Wales
Whilst understanding we only have the evidence above, how can it be right that the defendant did not have compensate the victim for the injuries. I’d have thought ABH attracted a fine, plus community service, damages and compensation.

I don't think compensation/damages are generally payable for minor injuries that don't result in any costs or loss of work, and for ABH it is a punishment of fine and/or community service. In this case, the magistrate just gave community service - 150 hours.

https://www.sentencingcouncil.org.u...-harm-racially-or-religiously-aggravated-abh/

Culpability will be C, and harm will be either 2 or 3 (probably 3).

150 hours unpaid work is on the boundary between medium level and high level community order, which is the difference in starting point for harm 2 or 3 with culpability C. SO it looks like the magistrate wasn't really sure whether the harm level was 2 or 3, and put the sentence at the bottom end for 2 or top end for 3.
 

teeonethousand

Senior Member
I hope I never find out but I would like to think that in a similar situation I would hit back .. I worry that I would go ballistic, not know when to stop .... and try to disassemble his van as well.
 

Electric_Andy

Heavy Metal Fan
Location
Plymouth
Pathetic. What a great message to send out:
a) it's not really a crime to block a vulnerable road user with your vehicle by slamming on brakes in front of it.
b) there are legitimate grounds to have "a disagreement with the cyclist over the laws of the road for cyclists and where they should be positioned on the road", when in fact the highway code covers it.
c) it's ok to throw punches at someone who is strapped into a bicycle and can't really defend themselves, as long as they only had a bit of a cut and didn't die.

when in fact

a) his van could have hit the cyclist(s) and seriously injured/killed them
b) there should be no discussion about bike paths and road positioning if the driver observed the highway code
c) punching someone in the head could absolutely have killed the man. This happened to a friend of a friend years ago in a road rage incident - one punch, died at the scene

But apparently none of that matters, a bit of community service and he's fine to go out driving and assaulting again
 

Alex321

Guru
Location
South Wales
Pathetic. What a great message to send out:
a) it's not really a crime to block a vulnerable road user with your vehicle by slamming on brakes in front of it.
b) there are legitimate grounds to have "a disagreement with the cyclist over the laws of the road for cyclists and where they should be positioned on the road", when in fact the highway code covers it.
c) it's ok to throw punches at someone who is strapped into a bicycle and can't really defend themselves, as long as they only had a bit of a cut and didn't die.

when in fact

a) his van could have hit the cyclist(s) and seriously injured/killed them
b) there should be no discussion about bike paths and road positioning if the driver observed the highway code
c) punching someone in the head could absolutely have killed the man. This happened to a friend of a friend years ago in a road rage incident - one punch, died at the scene

But apparently none of that matters, a bit of community service and he's fine to go out driving and assaulting again

How exactly does finding him guilty and sentincing according to the sentencing guidelines send out any of those messages?
 

blackrat

Senior Member
Burrows was given 150 hours' unpaid work and he was ordered to pay £133 compensation for bicycle repairs.

That's all? Christ, what a joke 'justice' is.
 
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steveindenmark

Legendary Member
Whilst understanding we only have the evidence above, how can it be right that the defendant did not have compensate the victim for the injuries. I’d have thought ABH attracted a fine, plus community service, damages and compensation.

He may well do. But that is a matter between solicitors to sort out. The fact that he has been found guilty makes the case far more compelling.
 

Fastpedaller

Über Member
I wasn't going to post the following, as I found the situation upsetting, but in light of the above I'll relate what I experienced today:-
As I approached the 'cycle parking' area at my local Lidl store the only Sheffield stand had a pedal bike one side and was half obscured the other side by the front of a motorcycle. No real issue for me, and I rested my bike against the stand and proceeded to lock it. A gut approached on his mountain bike and grumbled "I've told them about motorbikes - one of them belongs to a member of staff - it really annoys me", and put his front wheel in one of the wheel benders. . I retorted with "you'd think they could give a bit more parking for 2-wheelers... the parking is mainly for cars". This was my downfull..... He then went on saying "that's how it should be, what's really bad is the lycra cyclists riding along 3-abreast, I'd happy knock them down!" I was quite shocked by this, but decided to keep my cool. I said to him "well, I've never seen cyclists 3-abreast, and do you judge all cyclists wearing lycra in the same way. He said he did, to which I replied "I sometimes wear lycra as it's more comfortable, so am I now a bad person? I don't judge people by the clothes they wear, so why do you?" He just said "Look online at Lycra ***** " Again, trying to keep my cool I said "what about black people - do you judge them as well?" He replied that he didn't, so I asked him how he would treat my black friend who wears lycra when he rides his bike adding "I'll say no more to you". Clearly he was a deranged idiot, and it saddens me that there are folk like him 'hiding in plain sight riding a bike' who grow horns when they get behind the wheel of a car.
 

Profpointy

Legendary Member
Having read it I can't see anything about penalty points / a ban / needing to re-take his test / needing anger management.

So there's basically very little punishment here and the message is "go punch a cyclist".

:cursing:

Sounds like it was an assault rather than a motoring offence.

As an aside it seems disturbingly common to prosecute potentially lethal deliberate use of a vehicle to hit a cyclist as a mere motoring offence rather than a serious assault. This always seemed to me to be akin to prosecute a chef stabbing his boss as a breach of food hygiene regulations
 

Pat "5mph"

A kilogrammicaly challenged woman
Moderator
Location
Glasgow
Similar happened to me no long ago, sometimes last year.
On my commute, I used to leave the cycle route for a short distance, because that stretch is a shared pavement usually full of broken glass.
The adjacent road is wide, 2 lanes, one goes left into a housing estate, nowhere else, in there one can rejoin the cycle route.
There was hardly any traffic, only me in the left lane, hardly any cars in the right lane.
A driver closed passed me beeping, then stopped at the lights, put his hazards on, exited his car, started shouting at me.
I couldn't understand what he was shouting, because I stopped my bike as soon as he put his hazards on, I could feel something was wrong.
It was scary. I don't know if he though I was a guy, not a 60+ yo woman.
I don't know why he was so angry: if he thought I was slowing him down, he could have passed me with ease, I was not riding in primary.
He then turned left into the estate: I avoid taking the road on that stretch now, because it's part of my commute, and he obviously lives in the estate
Should we cross paths again next time he might get violent.
 
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