A driver who told a cyclist “I’ll f*ck*ng kill you” after the rider complained about a close pass has been fined.

Lewis Ellis, aged 22, admitted using threatening or abusive words or behaviour towards cyclist Philip Carter, reports The Leader (link is external).

Wrexham Magistrates’ Court heard that Ellis, driving a BMW, made a close pass on Mr Carter on Queensway in the town in North Wales.

Rhian Jackson, prosecuting, told the court that following the overtaking manoeuvre, the cyclist raised his hand and shouted, “What was that about?”

Further along the road, he passed Ellis’s vehicle and told the motorist that he had passed him too closely.

Ellis subsequently passed the cyclist again, shouting at Mr Carter to pull over, and then parking up and getting out of his car to wait for the rider..

Afraid he would be assaulted, the cyclist did not stop, instead riding on, but Ellis drove past him again, shouting: “Pull over – I'll f*ck*ng kill you.”

Ellis eventually drove off after Mr Carter told him that he was filming what was happening on his GoPro camera.

Defending Ellis, Euros Jones said: “He will say there was an element of provocation and that he passed leaving plenty of room. But there is no excuse for his actions – he saw red.”

Ellis was fined £120 by magistrates and was also told to pay £85 costs and a £34 victim surcharge.

https://road.cc/content/news/fine-driver-who-threatened-kill-cyclist-286215

On 09/09/2021 02:34 pm, swldx...@gmail.com wrote:

> A driver who told a fairy-cyclist “I’ll f*ck*ng kill you” after the rider complained about a close pass has been fined.
>
> Lewis Ellis, aged 22, admitted using threatening or abusive words or behaviour towards fairy-cyclist Philip Carter, reports The Leader (link is external).
>
> Wrexham Magistrates’ Court heard that Ellis, driving a BMW, made a close pass on Mr Carter on Queensway in the town in North Wales.
>
> Rhian Jackson, prosecuting, told the court that following the overtaking manoeuvre, the fairy-cyclist raised his hand and shouted, “What was that about?”
>
> Further along the road, he passed Ellis’s vehicle and told the motorist that he had passed him too closely.
>
> Ellis subsequently passed the fairy-cyclist again, shouting at Mr Carter to pull over, and then parking up and getting out of his car to wait for the rider.
>
> Afraid he would be assaulted, the fairy-cyclist did not stop, instead riding on, but Ellis drove past him again, shouting: “Pull over – I'll f*ck*ng kill you.”
>
> Ellis eventually drove off after Mr Carter told him that he was filming what was happening on his GoPro camera.
>
> Defending Ellis, Euros Jones said: “He will say there was an element of provocation and that he passed leaving plenty of room. But there is no excuse for his actions – he saw red.”
>
> Ellis was fined £120 by magistrates and was also told to pay £85 costs and a £34 victim surcharge.
>
> https://road.cc/content/news/fine-driver-who-threatened-kill-cyclist-286215

Shouting "Pull over – I'll f*ck*ng kill you" was clearly an unwise and
unacceptable thing to do and the defendant had the grace to admit the
charge of "using threatening or abusive words or behaviour" (though in
online videos, we often hear things just as bas - and worse - coming
from the mouths of fairy-cyclists outraged at being overtaken).

In this case, had the fairy-cyclist simply minded his own business and
not confronted or provoked the defendant, there would have been no
offence committed, would there? Note that the court did not convict the
defendant of any imaginary "offences" under the Road Traffic Acts and in
particular, not of any offence of being "too close" to any road user.

PS: One wonders what the courts do with that "victim surcharge". They
don't pay it to victims.

On Thursday, September 9, 2021 at 2:34:19 PM UTC+1, swldx...@gmail.com wrote:

S13SFC | 177 posts | 1 hour ago
3 likes

I had similar happen to me near Cannock in Staffordshire.

The fella ended up with a broken nose and fat lip.

We're not all 60kg Colombian climbers.
hirsute | 4218 posts | 3 hours ago
4 likes

Man on bike with a mass of < 100 kg provokes man in car with a mass of >1500 kg and speed of 160 kph.

These cyclists are scary folk, maybe they could help out in Afghanistan.

'the cyclist raised his hand and shouted, “What was that about?”'

I'd bet a good sum of money that the driver did not hear that at all and gleaned it from the footage.

Provoked him by being a cyclist.

> https://road.cc/content/news/fine-driver-who-threatened-kill-cyclist-286215

On 09/09/2021 15:07, JNugent wrote:
> On 09/09/2021 02:34 pm, swldx...@gmail.com wrote:
>
>> A driver who told a fairy-cyclist “I’ll f*ck*ng kill you” after the
>> rider complained about a close pass has been fined.
>>
>> Lewis Ellis, aged 22, admitted using threatening or abusive words or
>> behaviour towards fairy-cyclist Philip Carter, reports The Leader
>> (link is external).
>>
>> Wrexham Magistrates’ Court heard that Ellis, driving a BMW, made a
>> close pass on Mr Carter on Queensway in the town in North Wales.
>>
>> Rhian Jackson, prosecuting, told the court that following the
>> overtaking manoeuvre, the fairy-cyclist raised his hand and shouted,
>> “What was that about?”
>>
>> Further along the road, he passed Ellis’s vehicle and told the
>> motorist that he had passed him too closely.
>>
>> Ellis subsequently passed the fairy-cyclist again, shouting at Mr
>> Carter to pull over, and then parking up and getting out of his car to
>> wait for the rider.
>>
>> Afraid he would be assaulted, the fairy-cyclist did not stop, instead
>> riding on, but Ellis drove past him again, shouting: “Pull over – I'll
>> f*ck*ng kill you.”
>>
>> Ellis eventually drove off after Mr Carter told him that he was
>> filming what was happening on his GoPro camera.
>>
>> Defending Ellis, Euros Jones said: “He will say there was an element
>> of provocation and that he passed leaving plenty of room. But there is
>> no excuse for his actions – he saw red.”
>>
>> Ellis was fined £120 by magistrates and was also told to pay £85 costs
>> and a £34 victim surcharge.
>>
>> https://road.cc/content/news/fine-driver-who-threatened-kill-cyclist-286215
>>
>
> Shouting "Pull over – I'll f*ck*ng kill you" was clearly an unwise and
> unacceptable thing to do and the defendant had the grace to admit the
> charge of "using threatening or abusive words or behaviour" (though in
> online videos, we often hear things just as bas - and worse - coming
> from the mouths of fairy-cyclists outraged at being overtaken).
>
> In this case, had the fairy-cyclist simply minded his own business and
> not confronted or provoked the defendant, there would have been no
> offence committed, would there? Note that the court did not convict the
> defendant of any imaginary "offences" under the Road Traffic Acts and in
> particular, not of any offence of being "too close" to any road user.
>
> PS: One wonders what the courts do with that "victim surcharge". They
> don't pay it to victims.
>
Victim surcharge
The surcharge is not paid directly to the criminal's victim, but is
pooled and distributed through the Victim and Witness General Fund. The
amount to be paid is specified by law, and courts have limited
discretion to reduce the amount, or to waive the surcharge, even for
defendants of limited means.

On 09/09/2021 08:05 pm, colwyn wrote:
> On 09/09/2021 15:07, JNugent wrote:
>> On 09/09/2021 02:34 pm, swldx...@gmail.com wrote:
>>
>>> A driver who told a fairy-cyclist “I’ll f*ck*ng kill you” after the
>>> rider complained about a close pass has been fined.
>>>
>>> Lewis Ellis, aged 22, admitted using threatening or abusive words or
>>> behaviour towards fairy-cyclist Philip Carter, reports The Leader
>>> (link is external).
>>>
>>> Wrexham Magistrates’ Court heard that Ellis, driving a BMW, made a
>>> close pass on Mr Carter on Queensway in the town in North Wales.
>>>
>>> Rhian Jackson, prosecuting, told the court that following the
>>> overtaking manoeuvre, the fairy-cyclist raised his hand and shouted,
>>> “What was that about?”
>>>
>>> Further along the road, he passed Ellis’s vehicle and told the
>>> motorist that he had passed him too closely.
>>>
>>> Ellis subsequently passed the fairy-cyclist again, shouting at Mr
>>> Carter to pull over, and then parking up and getting out of his car
>>> to wait for the rider.
>>>
>>> Afraid he would be assaulted, the fairy-cyclist did not stop, instead
>>> riding on, but Ellis drove past him again, shouting: “Pull over –
>>> I'll f*ck*ng kill you.”
>>>
>>> Ellis eventually drove off after Mr Carter told him that he was
>>> filming what was happening on his GoPro camera.
>>>
>>> Defending Ellis, Euros Jones said: “He will say there was an element
>>> of provocation and that he passed leaving plenty of room. But there
>>> is no excuse for his actions – he saw red.”
>>>
>>> Ellis was fined £120 by magistrates and was also told to pay £85
>>> costs and a £34 victim surcharge.
>>>
>>> https://road.cc/content/news/fine-driver-who-threatened-kill-cyclist-286215
>>>
>>
>> Shouting "Pull over – I'll f*ck*ng kill you" was clearly an unwise and
>> unacceptable thing to do and the defendant had the grace to admit the
>> charge of "using threatening or abusive words or behaviour" (though in
>> online videos, we often hear things just as bas - and worse - coming
>> from the mouths of fairy-cyclists outraged at being overtaken).
>>
>> In this case, had the fairy-cyclist simply minded his own business and
>> not confronted or provoked the defendant, there would have been no
>> offence committed, would there? Note that the court did not convict
>> the defendant of any imaginary "offences" under the Road Traffic Acts
>> and in particular, not of any offence of being "too close" to any road
>> user.
>>
>> PS: One wonders what the courts do with that "victim surcharge". They
>> don't pay it to victims.
>>
> Victim surcharge
> The surcharge is not paid directly to the criminal's victim, but is
> pooled and distributed through the Victim and Witness General Fund. The
> amount to be paid is specified by law, and courts have limited
> discretion to reduce the amount, or to waive the surcharge, even for
> defendants of limited means.

Thank you.

That's a slightly different way of saying what I said.

The "victim" doesn't receive it.

On 10/09/2021 13:09, JNugent wrote:
> On 09/09/2021 08:05 pm, colwyn wrote:
>> On 09/09/2021 15:07, JNugent wrote:
>>> On 09/09/2021 02:34 pm, swldx...@gmail.com wrote:
>>>
>>>> A driver who told a fairy-cyclist “I’ll f*ck*ng kill you” after the
>>>> rider complained about a close pass has been fined.
>>>>
>>>> Lewis Ellis, aged 22, admitted using threatening or abusive words or
>>>> behaviour towards fairy-cyclist Philip Carter, reports The Leader
>>>> (link is external).
>>>>
>>>> Wrexham Magistrates’ Court heard that Ellis, driving a BMW, made a
>>>> close pass on Mr Carter on Queensway in the town in North Wales.
>>>>
>>>> Rhian Jackson, prosecuting, told the court that following the
>>>> overtaking manoeuvre, the fairy-cyclist raised his hand and shouted,
>>>> “What was that about?”
>>>>
>>>> Further along the road, he passed Ellis’s vehicle and told the
>>>> motorist that he had passed him too closely.
>>>>
>>>> Ellis subsequently passed the fairy-cyclist again, shouting at Mr
>>>> Carter to pull over, and then parking up and getting out of his car
>>>> to wait for the rider.
>>>>
>>>> Afraid he would be assaulted, the fairy-cyclist did not stop,
>>>> instead riding on, but Ellis drove past him again, shouting: “Pull
>>>> over – I'll f*ck*ng kill you.”
>>>>
>>>> Ellis eventually drove off after Mr Carter told him that he was
>>>> filming what was happening on his GoPro camera.
>>>>
>>>> Defending Ellis, Euros Jones said: “He will say there was an element
>>>> of provocation and that he passed leaving plenty of room. But there
>>>> is no excuse for his actions – he saw red.”
>>>>
>>>> Ellis was fined £120 by magistrates and was also told to pay £85
>>>> costs and a £34 victim surcharge.
>>>>
>>>> https://road.cc/content/news/fine-driver-who-threatened-kill-cyclist-286215
>>>>
>>>
>>> Shouting "Pull over – I'll f*ck*ng kill you" was clearly an unwise
>>> and unacceptable thing to do and the defendant had the grace to admit
>>> the charge of "using threatening or abusive words or behaviour"
>>> (though in online videos, we often hear things just as bas - and
>>> worse - coming from the mouths of fairy-cyclists outraged at being
>>> overtaken).
>>>
>>> In this case, had the fairy-cyclist simply minded his own business
>>> and not confronted or provoked the defendant, there would have been
>>> no offence committed, would there? Note that the court did not
>>> convict the defendant of any imaginary "offences" under the Road
>>> Traffic Acts and in particular, not of any offence of being "too
>>> close" to any road user.
>>>
>>> PS: One wonders what the courts do with that "victim surcharge". They
>>> don't pay it to victims.
>>>
>> Victim surcharge
>> The surcharge is not paid directly to the criminal's victim, but is
>> pooled and distributed through the Victim and Witness General Fund.
>> The amount to be paid is specified by law, and courts have limited
>> discretion to reduce the amount, or to waive the surcharge, even for
>> defendants of limited means.
>
> Thank you.
>
> That's a slightly different way of saying what I said.
>
> The "victim" doesn't receive it.
>
They would partake, subject to a claim!

Here is a similar concept for victims of highly trained uninsured car
drivers/owners

Compensation for victims of uninsured or hit and run drivers
You may be able to claim compensation from the Motor Insurers’ Bureau
(MIB) if you’ve been injured or your property has been damaged because
of an uninsured or ‘hit and run’ driver.

Contact the MIB directly for more information - eg to find out what you
can claim for, the deadlines for claiming and how to claim.

Download ‘Making a claim: a brief guide’ (PDF, 517KB)

The Motor Insurers’ Bureau
www.mib.org.uk
01908 830001

The Motor Insurers' Bureau
Linford Wood House
6 - 12 Capital Drive
Linford Wood
Milton Keynes
MK14 6XT