OT JUSTICE - Cyclist who broke motorist’s jaw cleared of assault – because of driver’s close pass

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swldx...@gmail.com

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Nov 26, 2021, 9:07:48 AM11/26/21
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A cyclist who punched a motorist has been cleared of assault, with the magistrate trying the case saying that the driver’s close pass on the rider had “deprived the defendant of the power of self-control.”

David File, aged 47, had pleaded not guilty to assaulting Graeme Gibb, 77, in a car park in Queensland’s Gold Coast in August last year, reports Mail Online (link is external).

The court was shown video footage which showed Mr Gibb, driving a Pontiac Firebird Trans Am, overtaking Mr File and the friend with whom he was driving with just 20cm to spare.

Under Queensland law, he should have given the cyclists at least 1 metre of room on the road where it happened.

The driver then stopped in a hotel car park, where he confronted the riders, shouting “What's the matter with you pricks?”

Mr File replied, “You nearly hit me,” then punched the motorist, breaking his jaw.

He then grabbed the car keys and threw them. They landed on the roof of a nearby off-licence.

Mr File turned himself into police several days after the incident after a photo of him went viral, and was charged with serious assault.

Referring to the close pass on the cyclists, Magistrate Kerry Magee said that she was “satisfied that that unlawful act frightened, alarmed and unnerved” Mr File.

“I find that this conduct deprived the defendant of the power of self-control.

“I accept that he was significantly shaken as a result when minutes later he has sought to confront” the driver, whom she said had “demonstrated no insight at all into the dangerousness of his behaviour.”

Mr File’s lawyer, Troy Smith, said after the hearing: “We knew from the outset this was a matter that had to be contested to clear Mr File's name.

“We knew from the outset that he was innocent. Mr File can now move on with his life and put this all behind them,” he added.

https://road.cc/content/news/cyclist-who-broke-close-pass-drivers-jaw-acquitted-288145

jnuge...@gmail.com

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Nov 26, 2021, 11:27:25 AM11/26/21
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On Friday, November 26, 2021 at 8:07:48 AM UTC-6, swldx...@gmail.com wrote:

> A fairy-cyclist who punched a motorist has been cleared of assault, with the magistrate trying the case saying that the driver’s close pass on the fairy-rider had “deprived the defendant of the power of self-control.”
>
> David File, aged 47, had pleaded not guilty to assaulting Graeme Gibb, 77, in a car park in Queensland’s Gold Coast in August last year, reports Mail Online (link is external).
>
> The court was shown video footage which showed Mr Gibb, driving a Pontiac Firebird Trans Am, overtaking Mr File and the friend with whom he was driving with just 20cm to spare.
>
> Under Queensland law, he should have given the fairy-cyclists at least 1 metre of room on the road where it happened.
>
> The driver then stopped in a hotel car park, where he confronted the fairy-riders, shouting “What's the matter with you pricks?”
>
> Mr File replied, “You nearly hit me,” then punched the motorist, breaking his jaw.
>
> He then grabbed the car keys and threw them. They landed on the roof of a nearby off-licence.
>
> Mr File turned himself into police several days after the incident after a photo of him went viral, and was charged with serious assault.
>
> Referring to the close pass on the fairy-cyclists, Magistrate Kerry Magee said that she was “satisfied that that unlawful act frightened, alarmed and unnerved” Mr File.
>
> “I find that this conduct deprived the fairy-defendant of the power of self-control.
>
> “I accept that he was significantly shaken as a result when minutes later he has sought to confront” the driver, whom she said had “demonstrated no insight at all into the dangerousness of his behaviour.”
>
> Mr File’s lawyer, Troy Smith, said after the hearing: “We knew from the outset this was a matter that had to be contested to clear Mr File's name.
>
> “We knew from the outset that he was innocent. Mr File can now move on with his life and put this all behind them,” he added.
>
> https://road.cc/content/news/cyclist-who-broke-close-pass-drivers-jaw-acquitted-288145

Fairy-cyclists have no self-control.

Who is surprised by that?

And they like assaulting defenceless victims.

swldx...@gmail.com

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Nov 26, 2021, 12:38:05 PM11/26/21
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On Friday, November 26, 2021 at 2:07:48 PM UTC, swldx...@gmail.com wrote:
HoarseMann | 1137 posts | 2 hours ago
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Something doesn't stack up here. Loss of control (or provocation) can only be used as a mitigation in murder charges. Even then, it will only result in the charge being downgraded to manslaughter.

But you can claim self-defence (which can be pre-emptive), which if upheld, means you are not guilty of assault (it's perfectly legal to defend yourself, no crime committed).

I suspect in this case, the previous violent actions of the driver behind the wheel and his verbal abuse (plus he looks to be quite close and pointing with an outstretched arm) made a pre-emtive self defence strike reasonable in the view of the court.

It shouldn't be reported as a loss of control, more like a fear of imminent violence.

>
> https://road.cc/content/news/cyclist-who-broke-close-pass-drivers-jaw-acquitted-288145

Mike Collins

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Nov 27, 2021, 12:40:34 AM11/27/21
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This is the equivalent of UK motorists using their vehicles as weapons in a 'punishment pass' AKA assault with a deadly weapon. The driver should have been convicted of dangerous driving and the cyclist assault causing actual bodily harm.

JNugent

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Nov 29, 2021, 6:56:48 PM11/29/21
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More realistically, it shouldn't be reported as a loss of self-control
because fairy-cyclists never exhibit much of that at the best of times.>
>> https://road.cc/content/news/cyclist-who-broke-close-pass-drivers-jaw-acquitted-288145

swldx...@gmail.com

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Nov 30, 2021, 6:52:31 AM11/30/21
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The cyclist walked free from court.

JNugent

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Nov 30, 2021, 7:21:27 AM11/30/21
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This was on the other side of the world, in the southern hemisphere,
where they do things differently, wasn't it?

Mike Collins

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Nov 30, 2021, 10:00:09 AM11/30/21
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Where people walk upside down?
https://www.youtube.com/watch?v=erA3WQE9Zes


JNugent

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Nov 30, 2021, 10:16:36 AM11/30/21
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If you say so <FX: rolls eyes>.

Mike Collins

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Nov 30, 2021, 10:43:58 AM11/30/21
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Thank you for proving my point.

JNugent

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Nov 30, 2021, 10:58:54 AM11/30/21
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Whatever.
>

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