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JohnS

Cyclist assaulted at Semaphore, SA - court case

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There's a thread on Adelaide cyclist discussing what appears to be a soft sentence of a car driver following multiple assaults on a cyclist. Below is the first post and link

 

http://www.adelaidecyclists.com/forum/topics/cyclist-assaulted-at-semaphore-court-case-today?xg_source=activity&id=3086792%3ATopic%3A979948&page=4#comments

 

Multiple charges resulting from a road rage incident that occurred along the Esplanade, Semaphore, in December 2014 were heard in the Port Adelaide court today. The victim was a solo rider, on a road bike heading back from outer harbor, and 2 separate incidents occurred, south of Semaphore.

It was heard that the rider was riding into a round about when he was overtaken at high speed by a black VT commodore, which then braked heavily. The rider had to take evasive action to avoid a collision with the rear end/side of the vehicle and ended up in the middle of the road. At this time the driver abused the rider with profanities, which the rider retorted to in a similar manner.

The driver then slowed his vehicle, grabbed hold of the cyclist with an out retched arm from the drivers window, and pushed him into the on-coming traffic lane. Luckily no vehicles, except for another cyclist, was travelling in the opposite direction. These events were witnessed by drivers of cars behind the offender, and was also captured on a Fly6 style, rear facing tail light camera. The driver of the commodore, continued to drive along the centre line of the road, preventing the cyclist from returning to the bicycle lane.

Fearing for his safety, he informed the offending driver, and his passenger, that the incident and his behaviour was being recorded on the camera. As a consequence, the driver sped off along the esplanade. A driver following behind the incident stopped the cyclist to check on his welfare, and exchanged details, and later tendered a statement to SAPOL.

The cyclist then exchanged details with several witnesses, and proceeded on his ride, continuing down the esplanade approximately 10 minutes later. When the cyclist was approximately 2 blocks south of the original incident, he was ambushed by the two men, who were hiding in the front yard of a house, waiting for the rider to pass. He was dragged off his bike from behind, landing heavily onto the ground. As the cyclist was trying to get to his feet and escape, he was punched in the head from behind, knocking him back to the ground. The offender then went to the cyclist's bike, dragged it along the road, and threw it down onto road with force. The court heard the offender yelled at the cyclist, "where is your ****ing camera?", and then proceeded to rip his garmin computer off the handlebars, thinking this was the camera device. He then threatened the cyclist, in front of witnesses not to report anything to police or "else". He and his accomplice then ran from the scene jumping fences and entering backyards of adjoining houses to make a covert escape.

The offender was located a short time later hiding in a nearby house. He was charged with ONE count of assault, one count of theft, and one count of property damage. Two quotes for the damage of personal property, bike, and cost of the computer were tendered to the court. Quotes were approximately $15k and $18k. His accomplice was not charged.

Full video evidence was tendered to the court.

The offender today received a $1500 good behaviour bond, suspended for 18 months. I am not sure I heard correctly but I think the offender got away WITHOUT conviction. He was required to pay $400 for the replacement of the garmin computer, and $150 to cover the cyclist's insurance excess.

Fair outcome?

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About what's to be expected.

 

Cyclists are the lowest form of life at the moment. Port Adelaide Council will probably give him a commendation for cleaning up the streets.

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Charges were very average.

 

Should have been Dangerous Driving and Common Assault for the first instance.

 

For the second instance down the road charges should have been similar to robbery with actual violence in company with another person.

 

The sentence does not reflect the criminality of this matter and should be appealed.

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Charges were very average.

 

Should have been Dangerous Driving and Common Assault for the first instance.

 

For the second instance down the road charges should have been similar to robbery with actual violence in company with another person.

 

The sentence does not reflect the criminality of this matter and should be appealed.

Please tell me this wouldn't happen in Queensland

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Jesus. The second pre-meditated robbery and assault and that's the outcome...

 

Scary stuff but a reminder of how vulnerable we are out there and to resist any retaliation or abuse whilst in an indefensible position i.e bike vs car.

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