The report makes me realise how lucky I was when a Toyota Hilux was driven at me by a similarly angry idiot onto whose land I strayed on my pushbike. It cost £128 to repair the bike. He was arrested but no charges were brought. I got £1,000 compensation. He was out for blood like the idiot who killed someone and I was lucky to get far enough out of his way that only the bike was damaged.
Perhaps those who hear about the latest fiasco will think before they act. Bikers might learn to read maps. Landowners might use reason before force. Pigs might fly.
This clearly didn't turn out how the farmer expected, but what a tragic waste of life?
This makes me think of the devon TRF'er who was confronted in a narrow lane with a farm tractor transporting one of those hugh hay rounds via the tractor forks, the forks and bale were at head height so the farmer couldn't see the bike, he drove the bike up the hedge and the farmer spotted him just in time, (but only once the bale, forks and front wheels had passed the bike).
Wanton and furious driving is an old offence - predating the invention of the internal combustion engine - contained in Section 35 of the Offences Against the Person Act 1861. The prosecution must prove that the defendant drove dangerously (careless driving is insufficient) and caused some injury to another person.
The offence is not limited to a road or other public place and is therefore useful for prosecuting cases where the bad driving occurred off-road.
The offence can be tried either in the magistrates' court or in the Crown Court. At the Crown Court it carries a maximum sentence of 2 years' imprisonment.
Penalty points and discretionary disqualification are now available to courts
I think he'll be going down for that, I'd very surprised if he didn't...
With lesser offences the Police don't seems to want to do much. I was driven into while walking along a path, then ruff'd up and thrown into a bush! I was 16 at the time and was a small lad so not much of an achievement, just an argy middle age sales rep taking his life out on me for dawdling (in his opinion). Police had a word with him but didn't do anything, once my Dad found out he also went round to have a word with the guy as well.
Some time afterwards the same guy vented his anger on another lad (my age also but a wrong'un) and got a right hiding off him - Karma lol
Just hope that the courts prove useful in this occasion, but seeing that the victim wasnt an ethnic minority of dubious sexual orientation and claiming disability allowance, the perpetrator will probably just get a light weight sentence.
It was premeditated, 50 years ago he could have been looking forward to a short meeting with Mr Pierpoint
As for meeting tractors that are being steered by remote control quite a few occasions on 192 098 and 192 236 and there is nowhere to get out the way so beware
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Riding with enthusiasm upon the ragged precipice of disaster
May the full weight of the law fall on him he has killed by reckless driving a father a son a husband to those closest to him it could of been me ? or yes you ? how would your fam and dependents fair with out you ! THERE WAS NO NEED FOR THIS TO HAPPEN it was only a bit of earth thats been there a few million years ? sad lost
As for meeting tractors that are being steered by remote control quite a few occasions on 192 098 and 192 236 and there is nowhere to get out the way so beware
Once ever met a runaway calf and rather irate quad riding farmer on this one, calf took one look at me and ran into the arms of the waiting farmers wife!
Just heard that, bloody unbelievable. How the hell does someone who pursues a group of riders in a Range Rover, hits one and kills another by having his car topple onto them not merit causing death by dangerous driving?
Even if the bikers weren't where they should have been and the driver was (justifiably or otherwise) angry that does not merit a deadly assault with a vehicle.
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Never break more than one law at a time, or carry more grass than you are prepared to eat.
Just had to take some deep breaths after visiting a land rover forum I also use, some people have some strange views on this subject to say the least! .........off to put the kettle on..
-- Edited by potus on Wednesday 29th of February 2012 08:01:52 PM
SOB - I could maybe understand them not punishing him for the death as that may well have been accidental (not excusable though) but the fact that he did hit one of the riders front on while chasing them! How can that not demand punishment - let me guess 3 points or a 1 day driving awareness course, that'll teach him!
Can you imagine what would happen if we hit a pedestrian on a lane and injured them - can't see the Police would let that go...
The Police didn't let this case go, he was found not guilty by '12 good men and true', 12 members of the public, a jury.
I'm guessing they used the old offence of Injuring Persons by Furious driving, rather than Dangerous Driving, because at the time of the incident, the Trail riders weren't on a road or public place.
It appears they'd got lost and straying onto private land/track, a innocent lapse which I don't think is punishable by capital punishment.
He was a landowner in a RR and they were 'hooligans' on bikes - he was always going to get off......
The same way as 'they' can drive about with no lights, indicators, numberplate,brakes, MOT, road tax cheap fuel etc etc......(compare what it takes/costs to keep and HGV on the road versa a hulking great tractor and trailer)
Try riding up the road on your bike with no plate or lights and see how far you get
Get a lorry load of cow ****, chuck it all over the A30 and see if you can get away with it
Sorry - rant over........
PS
I was born on and grew up on a farm and my dad worked on one all his life BTW
Thanks for posting that, it made for a sobering read. This really does sound like this guy got away with murder - maybe not in the legal sense but he committed an act that he knew could result in another's death or serious injury yet he evaded punishment. I can't help but wonder if there's any scope for an appeal to the DPP for a review of some kind as, if like other case law, this sets a dangerous precedent. I can see the scum at GLEAM making light of this and hope it results in a formal complaint to the Police.
Is this something national should or could get involved in if they aren't already?
Is this something national should or could get involved in if they aren't already?
Perhaps we could make political capital by distancing ourselves from those who stray from the public highway. I do not know if the riders involved were TRF members or not. If so we would not want to be involved because we cannot condone trespass and running away, however much we sympathise.
I have strayed from the highway by accident, and as a consequence I have met angry landowners. After stopping and talking to them all but one have been very friendly and reasonable. Most have given me advice about how to regain the correct route. One funded a new motorcycle with the compensation I was awarded as result of the altercation that followed. Had I run I have no doubt he would have killed me because my pushbike would not have outrun his vehicle.
When I got lost on the Quantocks a friendly Ranger chased me down and I stopped straight away, after a chat he gave me a map showing not only where I was and where I wanted to be but also a number of other lanes new to me.
Being killed for trying to flee seems unbelievably harsh. I doubt he would have run anyone over if they had stopped, but I'm sure he would now be serving time had he done so. As it is he will have the rest of his life to consider his regrets, and despite his front of no remorse he will never forget what happened. He will certainly not get the benefit of the doubt a second time.
So. Lessons learned? Hindsight is a wonderful thing.
Getting lost is not criminal, but running makes you look guilty.
You may have seen the shocking news story in this weeks MCN about the trial riders chased by an angry farmer in his land rover. They had strayed onto his land by mistake and were trying to leave. He drove at them knocking one off and killing another but he has been aquitted.
I attach a link to the news story and then a post by his wife posted on the Piston heads site when some posters were blaming the rider. Very sobering stuff and I have nothing but sympathy for his family. A sad world that we live in where you can loose your life for getting lost.
Right here you go guys, you want the FACTS. Then you can have them. On the 30th October 2010 my Husband of 17 years, my husband who spent 23 years serving in Her Majesty's Royal Navy, my husband who had no criminal convictions, who worked every day of his life since the age of 16, paid his taxes,respected people, lived his life quietly and made every single person he met laugh and love him. My husband went out for a ride with his friends, one a bank manager, one a construction director, one a company director and one a mental health worker (not a bunch of imbosiles as some of you sick heartless individuals seem to assume) He never came home! He never came home because he was killed. The facts are:- Yes they did get lost, they took a wrong turn into an open field. A stubble field. No crops, no anmimals no gates. They drove around the edge of this stinking feild looking for an exit, when they realised there wasn't one they turned their bikes around to leave. At that point they saw a 4X4 tearing towards them. Not liking the speed at which this vehicle was approaching they continued to leave the field. The vehicle continued at high speed and chased after them, it chased them and chased them pushing them off this persons land and back onto it. In the dock he admitted driving into my husband. He may not have got up that morning with the intent to kill someone but the moment he continued driving at them that was his intention. He was asked the question "why didn't you stop when they left the field" his answer "they were on my land" His actions killed my husband, but because this individual is of "good character" they find him not guilty. Well in my book the law just said - you get lost, you take a wrong turn onto someone's land you get your loaded gun or 4X4 and you go ahead and wipe that person out. The law now says it's fine to do that so go ahead Farmer Giles - fill your boots. All the true and honest people are the ones who can see just what that man did that day, all the people who seem to think the actions of that farmer are justified should be ashamed of yourselves. How dare you even think you can make a judgement or comment on something so serious in such a blaze manner. Come knock on my door and I'll show you just what he did, I'll show you just what he took away. FYI, Not at any time in the past 16 months has that man shown one single bit of remorse, Not one single apologetic word has come from his mouth. So if this was an accident would'nt you be sorry, wouldn't you be mortified that your accidental actions took a life. He's not, and never has been sorry so how the hell was it ever an accident. I'll tell you the type of person him and his friends are:- They are this so called group of upstanding pillars of the community they not only tried to intimidate me in court on a daily basis, they looked at my family with smug grins across their faces when the verdict was read out. When two of the riders walked past the farmer in court he in turn looked directly at them and smiled. What did any of us ever do? My husband didnt deserve to die in such a violent and painful manner, no one deserves that. I don't deserve to spend the rest of my life without him and to be frank and honest with you all I don't want to. I'd give my last breath away right now to someone in this world fighting to live if it meant I could be with my husband. Where's the justice in any of that. The law stinks and so do those who stand here and justify the actions of a man who has deliberatley taken a life and got off scott free.
Prahaps we/I need to sit down with a Lawyer and get them to exactly explain to me/us what and how the LAW interpretes in a legal fashion what happened to me not being very legal savy I/we would like to understand how this gentalman farmer got off any punishment from this incident , because to me he is guilty of somthing, often ive heard the fraze ? driving a vehicle is like wheelding a gun in the wrong hands you can kill somone ! a etc say the gent had followed the riders with intent to challenge them holding his shot gun and the didnt have the safty on and wasnt broken ? when meeting the riders the gun went off, would that of been death by miss adventure ? a accident ? man slaughter ? murder ? still thinking here a car driver persues a motorcylist on a public highway with the intent of stopping them and then collides and kills them do you think that driver would be let off scott free ? im now informed when im form filling im not to wright down RTA [road traffic Accident] its no longer regarded as a Accident but a Collesion its a RTC ? no Accident wye in pursuit of these trespassers did he have a collesion ? intent motivation action result NOT GUILTY ON ALL COUNTS MY BOTTOM lost
im now informed when im form filling im not to wright down RTA [road traffic Accident] its no longer regarded as a Accident but a Collesion its a RTC ?
There is no such thing as an accident - accidents can all be avoided. I had my big accident in the RTA era but now (PC probably) Road Traffic Collision.
When was the last time you heard someone call a person handicapped. "Special needs children" are now "children with additional needs" because every child is special. My son goes to a school run by the Devon and Exeter Spastics Society but this fact is not really publicised.
Fortunately my son is a dictionary definition of a spastic so I'm entitled to use the word (but not much).
The trouble is with our legal system is the police and CPS have to decide which offence to prosecute, (they cant pick a sliding scale) the could pick, murder. manslaughter, death by dangerous/furious driving, GBH ABH common assault etc etc. To be found guilty of a criminal offence it has to be "beyond all reasonable doubt" that you committed the crime. If the prosecution were unable to prove their case it is not the fault of the law, this was a jury trial. I don't know what had to proved for the case to stick but they obviously failed, the trouble is the CPS can't then revert to the next crime down the line. Perhaps the wrong charge was bought? I'm not sure they can now bring a lesser charge because of the restrictions about being charged for the same crime twice?
On the face of it is seems all wrong but everyone is actually innocent until proven guilty and this case the crime wasn't proven, his peers found him innocent, blame the lawyers not the law!
I wonder if a case will be brought in the civil courts because there the proof of evidence is less - "on the balance of probabilities".