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Suspended sentence for driver who stamped on cyclist’s head

Female rider had stopped at roadside with her boyfriend to fix puncture when motorist David Hayton assaulted them

A driver who stamped on the head of a female cyclist who had stopped by the roadside with her boyfriend after his tyre punctured has been handed a suspended prison sentence.

Preston Crown Court was told that David Hayton, aged 37 and from Lancaster, assaulted the male cyclist before punching the woman and stamping on her head as she lay on the ground.

The pair sustained bruising and facial injuries as a result of the incident on New Quay Road in Lancaster on the afternoon of 19 April last year, reports the Lancashire Post.

Hayton, who has past convictions for violent offences, pleaded guilty to actual bodily harm and common assault.

Charles Brown, prosecuting, said: “While they were stationary there the defendant, also coming in the same direction, pulled over and stopped in front of them.

“He then got out of the driver's seat and started shouting straight away.”

Hayton began punching the male cyclist despite the female rider urging him to leave them alone, and when she tried to pull him away, she accidentally tore his t-shirt.

At that point, said Mr Brown, Hayton “transferred his attention to her. He punched her to the head then either punched or pushed her and she fell to the ground. Her head was close to the pavement.

“The defendant was standing over her and he stamped upon her head.”

Part of the assault was filmed by a jogger on her phone, who called the police. Meanwhile, Hayton had driven off but came back to the scene with his partner, with another fight breaking out.

Sentencing Hayton, Judge Robert Altham, Honorary Recorder of Preston, told him: “You were apparently irritated by something that had happened and got out of the car.

“What then followed was, I'm sure you will agree, an extremely ugly incident, where you set about verbally then physically berating these two very young people.

“You do need to understand the physical consequences could have been very grave indeed.”

The judge pointed out that cases before the court often involve “permanent and utterly debilitating brain injury and sometimes death” caused by a blow or kick to the head.

“You need to reflect on your conduct as to what could have happened in this case,” he told Hayton, adding, “Happily the injury in this case was relatively slight.”

The judge jailed Hayton for 18 weeks, suspended for two years, and ordered him to undertake 240 hours of unpaid work and participate in a probation programme.

Simon joined road.cc as news editor in 2009 and is now the site’s community editor, acting as a link between the team producing the content and our readers. A law and languages graduate, published translator and former retail analyst, he has reported on issues as diverse as cycling-related court cases, anti-doping investigations, the latest developments in the bike industry and the sport’s biggest races. Now back in London full-time after 15 years living in Oxford and Cambridge, he loves cycling along the Thames but misses having his former riding buddy, Elodie the miniature schnauzer, in the basket in front of him.

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50 comments

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Richard D replied to eburtthebike | 3 years ago
2 likes

I'm not very up-to-date, having stopped prosecuting any offences halfway through the last decade, but neither common assault nor assault occasioning actual bodily harm are matters where the prosecution can ask the Court of Appeal to review the sentence.

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vthejk | 3 years ago
8 likes

Could the possible bias of driver vs typically annoying cyclist (how very rude of them to be stopped by the side of the road, how would cars be able to mount the kerb?) have caused such a light sentencing?

Even with such bias it's staggering that someone (let along a motorist vs a cyclist) could have violently attacked another person, unprovoked and in broad daylight for a consecutive time and escaped with what is basically a slap on the wrists.

Even the claim about his dog seems like one of those pity votes - say, like those given to violent young rapists and assaulters whose 'budding careers' are considered as mitigating factors in handing them a reduced sentence.

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AlsoSomniloquism | 3 years ago
11 likes

Like with most on here, I cannot see how with the evidence supplied it is a 18 week sentence, let alone it is suspended. The previous convictions, the un provokedness of it, the fact he went off and came back and continued it (was his partner also charged?)

Apparently the Honoury Recorder is the top judge in the area but he needs to seriously look at himself over the paltry sentence given.

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brooksby | 3 years ago
4 likes

Erm - "suspended"???? 

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eburtthebike | 3 years ago
16 likes

Appalling, staggering, literally incredibly lenient sentencing, given his record and the completly random attack on people who had done him no wrong whatsoever.  If anyone feels like starting a crowdfunder to appeal this sentence, count me in for a few quid.

Since we're currently going through a lot of soul searching and protests about women and violence, this sentence sends all the wrong messages, and I'm betting if he's happy to attack a random woman in broad daylight, he's pretty violent to them the rest of the time.

EDIT: I've posted the Lancashire Post link on fb to see if any people currently interested in violence against women pick it up. 

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Hirsute | 3 years ago
15 likes

One to add to the Road Rage- Why do Motorists hate Cyclists thread.

 

I hope someone (preferrably CPS) will appeal the sentence given the history

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Captain Badger | 3 years ago
14 likes

Judge Robert Altham, please can you explain exactly what was going through your tiny mind?

FFS

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Secret_squirrel | 3 years ago
15 likes

Very poor decision by a lower court I suspect if this had gone to a crown (edited from magistrates) court (and it should have imo) the sentencing would have been higher.

(Edited to correct it was infact a Crown Court - Jesus wept!). 

Sentencing guidelines.  I can see at least 2 aggravating factors - how many can you spot?  Starting point should have been 6 months jail time.

https://www.sentencingcouncil.org.uk/offences/magistrates-court/item/ass...

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devPanda replied to Secret_squirrel | 3 years ago
5 likes

Magistrates courts are some of the lowest courts in the system.  Appeals from Magistrates courts and those indictable offences are Crown Court matters.

https://www.judiciary.uk/about-the-judiciary/the-justice-system/court-st... has links to a very clear flow chart.

It does seem like a shockingly light sentence, however.

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OnYerBike replied to Secret_squirrel | 3 years ago
4 likes

The Lancashire Post article linked claims this was the decision of a Crown Court, not Magistrates.

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EddyBerckx | 3 years ago
9 likes

Jesus wept....

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Eton Rifle | 3 years ago
20 likes

"Hayton, who has previous convictions for violence, admits causing actual bodily harm and common assault.

His defence lawyer said he accepted he should have "reacted differently" and felt ashamed.

She told the court the family's dog, which he was going out to walk on the day in question, had had to be put to sleep a couple of hours before the sentencing hearing."

So this violent thug, as evidenced by previous convictions for violent thuggery, is supposed to escape jail because his fucking DOG has just been put down?

Shame the vet didn't do him at the same time.

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Kendalred | 3 years ago
11 likes

I would instinctively say something like 'unbelievable', but tragically it's far from it. It's enragingly typical. 

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hawkinspeter | 3 years ago
16 likes

How is he not a danger to others? Lock him up for Chris' sake.

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Rapha Nadal | 3 years ago
24 likes

So previous convictions for violent conduct, caught on film, drove away & came back but only gets a suspended sentence?  What the actual fuck is wrong with the justice system in this country?

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sensei replied to Rapha Nadal | 3 years ago
13 likes

18 weeks suspended considering the previous convictions, the undeniable evidence and the malisciousness of the assault, what an utter joke! With ABH carrying a max sentence of 5 years, you have to wonder what the judge used to calculate such a pathetically light sentence. Add on the fact that the attacker was very lucky that the injuries caused weren't more serious, as his actions could have consitiuted GBH, with a sentence range of 3-16 years.

 

The most significant failure of all with the sentence though is the complete lack of deterrent to those that may carry out an attack like this. 

 

 

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Tom_77 replied to sensei | 3 years ago
6 likes

sensei wrote:

18 weeks suspended considering the previous convictions, the undeniable evidence and the malisciousness of the assault, what an utter joke! With ABH carrying a max sentence of 5 years, you have to wonder what the judge used to calculate such a pathetically light sentence. Add on the fact that the attacker was very lucky that the injuries caused weren't more serious, as his actions could have consitiuted GBH, with a sentence range of 3-16 years.

He should probably have been charged with Attempted GBH. You don't kick someone in the head unless you intend to cause them serious injury.

 

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Secret_squirrel replied to Rapha Nadal | 3 years ago
13 likes

Its ok.  Im sure the fact that the ability to protest is being curtailed and slave traders statues will be better protected will make up for it.

https://www.gov.uk/government/publications/police-crime-sentencing-and-c...

 

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Awavey replied to Secret_squirrel | 3 years ago
3 likes

Weirdly actually that bill does cover driving offences too,increasing max sentences for death by dangerous driving (not that the max ever got used anyway) and death by careless driving under the influence of drugs/alcohol,both now max life imprisonments & introducing a new offence of causing serious injury by careless driving, max 2 years

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Awavey replied to Rapha Nadal | 3 years ago
5 likes

Its utterly...well quite frankly im speechless about that is the only censor friendly way of reacting to it, how that's any form justice god only knows.

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