There’s been a lot of chatter around the suspended prison sentence story for the driver who was found with twice the legal limit for cannabis in his system hit a cyclist while overtaking a stalled car at a red light, sending the rider coming from the opposite direction flying 20 feet into the air and leaving him with serious injuries.
CCTV footage of the incident showed Danial Arshad cause a head-on collision with Nicholas Cooper, who suffered a collapsed lung, fractures to his ribs and spine, and even a risk of paralysis, with the judge himself saying “Mr Cooper was very fortunate not to have died.”
However, the judge also described the incident as a “close call” and said it was clear Arshad being “impatient” and “under the influence to some extent of cannabis” had caused it, ultimately handing him a 10 year suspended prison sentence. He was suspended for driving for three years and is required to undertake 15 days of rehabilitation activity and 300 hours of unpaid work as part of his sentence.
> Drug driver who caused horrific crash which seriously injured cyclist avoids jail, given 10-month suspended sentence
The sentence seems to have caught a lot of backlash from cyclists, who described the decision as “appalling” and “joke of a sentence”.
A cyclist who goes by the name of Orpington Cyclist on Twitter tagged the Transport Secretary Louise Haigh and asked: “What does the below tell you about road safety in the UK?”
Another person replied saying that “the timing of that report coincides perfectly with Louise Haigh’s discussions on road safety” and that “without sentencing that reflects the severity, less people will want to cycle and bad or dangerous drivers will have little to deter them from endangering others in the future.”
Meanwhile, another person replied to road.cc’s tweet about the news criticising the judge describing the incident as a close call, saying: “A close call is when they miss you not when they hit you. What hope do you have with judges like this?”
There were several others who thought the judge’s sentence was too lenient, one even saying: “Judge needs sacking, not competent to take the evidence and create a sentence or needs to fine the driver 50k and ban for ten years.”
Another person wrote: “I know it’s not comparable but a woman was recently jailed for 12 weeks for missing a probation appointment 20 yrs ago, thereby losing her job & her children. What’s worse, missing an appointment, or drug-driving & hitting a cyclist? What’s gone wrong with our legal system?”
On Facebook, Howard Crompton wrote: “That made my stomach turn. The cyclist in question has been let down so badly it’s untrue. I hope he puts in an extensive insurance claim too. How is there any tolerance for drink or drugs I don’t know. I know it won’t stop people doing it, but sentences like this are outrageous.”
Fairley Grist said: “I was initially angry about this and Having seen the video and read the comments from the judge almost excusing the driver and saying it was a “close call” I am absolutely fuming and disgusted at the sentencing.”
However, under the road.cc report, reader alexuk thought that the sentence was harsh on the cyclist but ultimately fair, writing: “May sound harsh, but seems appropriate given the evidence. He didn't see the cyclist hauling ass towards him, if he did, it seems likely he wouldn't have pulled out; clearly intention to do harm could not be proven.
“If he pulled out having seen the cyclist, then dangerous all-day. I'm glad the driver is off the road for the next 3yrs and has to spend the next two years on best behaviour with mandated rehab + 300hrs unpaid.
“Sometimes accidents happen. I hope the rider manages to find himself again and the driver makes a positive change to his life.”
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Possibly quoted due to a need to present a balanced report of comments and public opinion.
I probably cycle more mileage than most people on this site. I'm just not a left-wing, ignorant young person. The case was sad, but you have to understand how law works. Thankfully courts work on facts, not feelings and the lynch-mob on this site aren't working in the court. The guy in the car was a d**k, clearly, but the driver hasn't exactly got off scott-free. Is jailing him the best thing for the public? probably not. Most of London is on one kind of drugs or another. Its amazing how much drugs you can smell when cycling through urban and rural towns these days, so its hard for the court to say it was the drugs that caused him to pull out, not see the cyclist and cause the crash. Sometimes people just make mistakes when driving and he made one. Should his life be forever-ruined as a result of one mistake? Justice is what the courts dish out, not lynching. Thankfully the cyclist survived, which is the most important.
Should a cyclist's life be forever-ruined as a result of one driver's mistake? Is it justice to allow the driver to continue making driving mistakes and possibly ruin other people's lives?
To give a bit of perspective to this issue, consider that Just Stop Oil had activists jailed for five years simply for planning on delaying drivers on the M25. Should their lives be ruined for a peaceful demonstration to attempt to get the then government to simply do what the current government has now done in terms of not opening new coal mines or drilling new oil fields?
Did those anarchits intentionally plan do something? Yes they did. Easy for a court to convict. Facts, not feelings. The driver did not intentionally set out to hurt the cyclist at any point and you cant prove he did. He did something that 90% of motorists would do, regardless of drugs, sadly. I don't make the law. Just seems so little of you understand it.
Just Stop Oil are hyprochrits. They should protest in asia and stop preaching to the choir.
Quote "He did something that 90% of motorists would do"
IS that a FACT?
The facts of the matter are that violent protesters (e.g. the rabid right wing that were attacking police and aiming to kill asylum seekers) garner a shorter sentence than peaceful protesters. It's also notable how the court prevented the JSO defendants from using our climate emergency as a defense - that is not justice at work, but money from Big Oil at work.
I think you're confused about how the legal system works (or doesn't as the case may be). Careless/dangerous driving is based upon the driver's actions rather than intention i.e. that their driving falls far below the level of a careful and competent driver. Whether the driver intends their driving to be harmful to others or not is irrelevant to the offence.
Isn't it funny how protestors are always protesting in the wrong place, or in the wrong fashion or not quite how observers wish that they'd protest? It's almost as though oil apologists are pointing somewhere else and stating "well, they're also to blame so why should we not profit from selling new off-shore drilling licenses?"
By the way, do you have an impediment that causes you to write in the way that you do?
I didn't know that they were anarchists? Citation, please.
Anyhoo - I think Peter's complaint is that they were jailed for planning to do something that they didn't actually do.
I think there's a distinction between anarchists who believe that there should not be an "authority" and activists who believe (and have very strong evidence for) that the authorities are controlled by oil corporations who aim to make profit from the destruction of our habitats i.e. authorities that serve the interests of the 1% rather than everyone else.
Some of the protests went ahead, but the jail terms were for the planning of the disruption.
More info available here: https://edition.cnn.com/2024/09/14/climate/uk-climate-protests-policing-laws-prison-intl/index.html
That was my point, Peter, but you've put it better
no you misread the post, they are anarchits who are against the writing of short notes!
Quote "Thankfully courts work on facts" and "Most of London is on one kind of drugs or another"
Can you please point me to the FACT that 50%+ of the inhabitants of London are on these drugs?
He is, therefore everyone is: impeccable logic.
You dismissed it as an accident.
You still don't get it.
I wasn't aware our ages were displayed next to our comments. Nor is calling for tougher sentencing for criminals, especially drug users, a particularly left-wing trait. As for the other adjective, there's only one person here so far making statements borne out of ignorance, and it's the "I'm the voice of the silent majority" (aka I repeat third-hand Daily Mail talking points) kind which is most common among those of the right-wing persuasion.
I cycled about 12,000 km last year, I'm definitely not young, I hope with a substantial amount of education up to postgraduate level and 30 years of experience as a volunteer, teacher, writer and editor (including substantial involvement in all those spheres with various aspects of the law and judiciary) I'm not entirely ignorant either. I am left-wing, it's true. I don't think any of the above should make my opinion on this case more valuable than anybody else's, I'm not sure why you think your self-declared "more mileage than most people on this site" (how on earth would you know what mileage most people on this site do?), age and purported lack of ignorance would make your opinion more valuable.
I think it's you who probably needs to understand how the law works. The Sentencing Council defines Category A culpability in cases of causing serious injury by careless driving as "just below threshold for dangerous driving and/or includes extreme example of a culpability B factor." One of the culpability B factors is "Unsafe manoeuvre or positioning"; quite clearly overtaking straight into the face of an oncoming cyclist so that you hit them head on is an extreme example of an unsafe manoeuvre or positioning. So therefore the culpability in this case is clearly Category A. We then move onto the "Harm" category: the highest level of harm (1) is:
Clearly categories one and three apply to the injuries caused to the victim.
Therefore we have a case with the highest level of culpability (A) and the highest level of harm (1). The Sentencing Council recommends a starting point of one year's custody for an A1 offence.
Oh [insert chosen deity/ imaginary friend], someone's set Rendel off with his facts and reasoned arguments again!
When will he learn that's not how the internet works. 🙄
'Thankfully courts work on facts, not feelings'
Except when it comes down to the judge's sentencing in this case and many others.
Maybe courtrooms could actually make good use of Artificial Intelligence...take all the human emotional elements away from the jury and and sentencing.
Wouldn't machine learning be partially based on all the previous flawed court decisions, though?
If it based its sentencing decisions on the recidivism rate of people with similar sentences it wouldn't send anybody to prison.
You cannot (or at least should not) allow decision making by an entity that has no accountability.
Practically, there's the huge issue that due to training sets, almost every A.I./LLM seems to have racism encoded.
(Only because they clearly want the attention - so now they've had it can we ignore them again) - eyes down:
Taking on the room: check!
"Frothing": check!
Cycles faster / further than most: check! (but simultaneously other Bad Cyclists are clearly "going to fast" even when likely below speed limit e.g. "cyclist hauling ass"...)
Everyone else (wrong) is left-wing*: check!
People just need to get on with each other (whether driving or cycling): check!
Being punished for a driving offense is "having your life ruined" and those who wish for decent penalties are a "lynch mob": check!
Fool House! (Perhaps a new one though).
* TBF many (not all) posting here don't favour the Tories and quite a few would not fit happily in (any electable version of) the Labour party either. And then there are the "red" squirrel-fanciers.
I wonder what his views are on "established reds"?
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