Queensland Cyclist Assaulted by Pedestrian

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Mububban
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Re: Queensland Cyclist Assaulted by Pedestrian

Postby Mububban » Wed Oct 24, 2018 1:07 pm

Norm can't possibly say he didn't see the cyclist coming. He saw him, didn't want to move to make a point, then acted in a completely unjustifiable way. Hopefully with that clear video footage, he'll be caught and charged.
When you are driving your car, you are not stuck IN traffic - you ARE the traffic!!!

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find_bruce
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Re: Queensland Cyclist Assaulted by Pedestrian

Postby find_bruce » Wed Oct 24, 2018 1:17 pm

jasonc wrote:
Jmuzz wrote:
madmacca wrote:Does Queensland have specific One Punch laws?


I think they apply to death, not just punching someone from behind. That's just normal assault.

Appears you are right. Sadly. So just common assault

Not quite - like I said if the cyclist is believed, assault occasioning actual bodily harm

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10speedsemiracer
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Re: Queensland Cyclist Assaulted by Pedestrian

Postby 10speedsemiracer » Wed Oct 24, 2018 1:19 pm

Mububban wrote:Norm can't possibly say he didn't see the cyclist coming. He saw him, didn't want to move to make a point, then acted in a completely unjustifiable way. Hopefully with that clear video footage, he'll be caught and charged.


And that's the key, Norm's completely disproportionate response to minor stimuli. The fact that the event involves a cyclist v pedestrian is semi-irrelevant but the event being caught on candid camera is going to be the nail in chunky-monkey's coffin. Would expect, at the minimum, a hefty suspended sentence and possible (probable) court-mandated counseling.
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Mububban
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Re: Queensland Cyclist Assaulted by Pedestrian

Postby Mububban » Wed Oct 24, 2018 1:28 pm

And hopefully, Norm has to pay all of the victim's medical expenses. After being knocked off by a car, I'd be out of pocket several hundred dollars for GP, physio, pain medication etc if it wasn't covered by Insurance Commission of WA.

Lucky this "bloody cyclist" pays his rego isn't it? :D
When you are driving your car, you are not stuck IN traffic - you ARE the traffic!!!

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Re: Queensland Cyclist Assaulted by Pedestrian

Postby 10speedsemiracer » Wed Oct 24, 2018 1:32 pm

Mububban wrote:And hopefully, Norm has to pay all of the victim's medical expenses. After being knocked off by a car, I'd be out of pocket several hundred dollars for GP, physio, pain medication etc if it wasn't covered by Insurance Commission of WA.

Lucky this "bloody cyclist" pays his rego isn't it? :D


Different issue, that's a civil case initiated by the cyclist. Again, hinges on being able to identify chunky-monkey
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Re: Queensland Cyclist Assaulted by Pedestrian

Postby jasonc » Wed Oct 24, 2018 1:50 pm

10speedsemiracer wrote:
Different issue, that's a civil case initiated by the cyclist. Again, hinges on being able to identify chunky-monkey

Come on. The footage is good enough to identify the harold Bishop look a like. Some one knows who it is
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Re: Queensland Cyclist Assaulted by Pedestrian

Postby 10speedsemiracer » Wed Oct 24, 2018 1:57 pm

jasonc wrote:
10speedsemiracer wrote:
Different issue, that's a civil case initiated by the cyclist. Again, hinges on being able to identify chunky-monkey

Come on. The footage is good enough to identify the harold Bishop look a like. Some one knows who it is


We'd hope so, but would probably allow the Police action to proceed firstly and let Qld Police handle the issue of locate/identify.
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Re: The Dumb Cyclists and Pedestrians thread...

Postby Jmuzz » Wed Oct 24, 2018 3:08 pm

AdelaidePeter wrote:Maybe they need public help to identify the assailant.


It's unlikely they would dedicate any resources to going around looking for him.
So yeah any charges and lawsuit will require the community to give them a lead on his ID or the victim to do his own detective work and stake out the area anticipating it is his regular commute and then stalk him to a workplace or link with a car.

Now that he is internet famous someone might ID and cyclists might keep an eye out and see where he goes.

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Re: Queensland Cyclist Assaulted by Pedestrian

Postby 1Rowdy1 » Wed Oct 24, 2018 3:09 pm

Charge them both, 1 gets a fine for not giving way to a pedestrian, the other gets a criminal conviction for assault.

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Re: Queensland Cyclist Assaulted by Pedestrian

Postby Jmuzz » Wed Oct 24, 2018 3:23 pm

The cyclist would probably be happy enough with the fine, a lawsuit payout for the assault will be far more substantial.
Plus a magistrate would probably throw the charge out due to walking pace speed and simple shoulder bump.

It's really only a technicality that he was on a bike rather than pedestrians shoulder clashing when one refuses to move.

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Re: Queensland Cyclist Assaulted by Pedestrian

Postby Red Rider » Thu Oct 25, 2018 3:49 pm

Mububban wrote:Norm can't possibly say he didn't see the cyclist coming. He saw him, didn't want to move to make a point, then acted in a completely unjustifiable way. Hopefully with that clear video footage, he'll be caught and charged.

You're right. Surely there are also limits to 'give way'. Like in this instance, I'd say that the cyclist did give way, the pedestrian chose to unreasonably not avail himself of the way given.

As an extreme example, if someone jumps out onto the path from behind a bush and the cyclist has no chance to avoid the collision, did the cyclist not give way?

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Re: Queensland Cyclist Assaulted by Pedestrian

Postby Arbuckle23 » Thu Oct 25, 2018 4:37 pm

Aggression breeds aggression.
We can argue all we like about who is right.
If the cyclist had stopped and given way instead of asserting his right of way, or made sure he moved to the right, the assault may not have happened.
The body language on the ped was clear when you look at the video.
Yes, it is backing down, but sometime discretion is the better part of valour.

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Re: Queensland Cyclist Assaulted by Pedestrian

Postby Comedian » Thu Oct 25, 2018 4:40 pm

jasonc wrote:
madmacca wrote: Does Queensland have specific One Punch laws?

Yes.

My take: charge cyclist with failing to give way -~$200 fine
Charge ped with one punch attack. He goes to jail

One punch is never acceptable in QLD.. unless it's a cyclist. In which case hit'em for me too! :roll:

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Re: Queensland Cyclist Assaulted by Pedestrian

Postby Ancientflatulence » Thu Oct 25, 2018 6:11 pm

Family Guy Lookalike must have been a bit worried, he removes the name tag after the altercation and is holding it his hand by the time the rider catches up with him on the street corner. If it were me who was assaulted I would spend a week loitering in the same vicinity at the same time with a camera .....

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Re: Queensland Cyclist Assaulted by Pedestrian

Postby 10speedsemiracer » Thu Oct 25, 2018 6:26 pm

Ancientflatulence wrote:Family Guy Lookalike must have been a bit worried, he removes the name tag after the altercation and is holding it his hand by the time the rider catches up with him on the street corner. If it were me who was assaulted I would spend a week loitering in the same vicinity at the same time with a camera .....


Extend that thought, get a third party to sit in a generic, inconspicuous vehicle at approximately the same time, waiting for Peter Griffin. Being on foot, I imagine workplace is fairly close (doesn't look like he does big distance on foot), follow him to work and wait until the place opens. The existence of a name tag would indicate customer contact so possibly a retail outlet of some sort. Rock in while it's busy, scan shop floor, idle over to our friend and take note of name tag, hand over details to whomever.
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Re: Queensland Cyclist Assaulted by Pedestrian

Postby Derny Driver » Thu Oct 25, 2018 7:14 pm

Bicycle Queensland on facebook have just posted this:

Hi everyone, we can confirm the person who attacked James Stevenson in the CBD on October 10 has been identified and will be interviewed by police.
James will sign his statement later today.
We are confident justice will now take its course.

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Re: Queensland Cyclist Assaulted by Pedestrian

Postby Cyclophiliac » Thu Oct 25, 2018 7:20 pm

Derny Driver wrote:Bicycle Queensland on facebook have just posted this:

Hi everyone, we can confirm the person who attacked James Stevenson in the CBD on October 10 has been identified and will be interviewed by police.
James will sign his statement later today.
We are confident justice will now take its course.

They're confident, are they? Do they realise this is Australia? :roll:

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Re: Queensland Cyclist Assaulted by Pedestrian

Postby 10speedsemiracer » Thu Oct 25, 2018 7:33 pm

Cyclophiliac wrote:
Derny Driver wrote:Bicycle Queensland on facebook have just posted this:

Hi everyone, we can confirm the person who attacked James Stevenson in the CBD on October 10 has been identified and will be interviewed by police.
James will sign his statement later today.
We are confident justice will now take its course.

They're confident, are they? Do they realise this is Australia? :roll:


Am gonna laugh my tits off if his name turns out to be Peter Griffin..
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Re: Queensland Cyclist Assaulted by Pedestrian

Postby Red Rider » Thu Oct 25, 2018 8:27 pm

Arbuckle23 wrote:Aggression breeds aggression.
We can argue all we like about who is right.
If the cyclist had stopped and given way instead of asserting his right of way, or made sure he moved to the right, the assault may not have happened.
The body language on the ped was clear when you look at the video.
Yes, it is backing down, but sometime discretion is the better part of valour.

How did you figure the cyclist was being aggressive? Just looked like he kept as far left as possible. Is stopping your bike giving way?

Some days you just run into these sorts of people, very difficult to predict how to avoid their idiocy.

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Re: Queensland Cyclist Assaulted by Pedestrian

Postby Arbuckle23 » Thu Oct 25, 2018 10:01 pm

Red Rider wrote:How did you figure the cyclist was being aggressive?

He took the ped on.
Instead of thinking to himself "this bloke is deliberately trying to provoke me by not moving over", he decided to hold his line as well.
There was never going to be enough room.

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Re: Queensland Cyclist Assaulted by Pedestrian

Postby Scott_C » Thu Oct 25, 2018 10:08 pm

Red Rider wrote:Is stopping your bike giving way?


Well, Yes. That is exactly what giving way is defined to mean.

give way, for a driver or pedestrian, means—
(a)if the driver or pedestrian is stopped—remain stationary until it is safe to proceed; or
(b)in any other case—slow down and, if necessary, stop to avoid a collision.
https://www.legislation.qld.gov.au/view ... 0194#sch.5

By the letter of the law the rider has failed to give way as they didn't stop to avoid the collision. I would also argue the pedestrian has unreasonably obstructed the cyclist so they should both be facing a 20 penalty unit fine for the "traffic" infringements and tubby should also have the assault charge(s).

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Re: Queensland Cyclist Assaulted by Pedestrian

Postby cyclingnolycra » Thu Oct 25, 2018 10:19 pm

Some of the comments on this case on the couriermail website article are sickening. Hope peter griffin gets the book thrown at him.

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Re: Queensland Cyclist Assaulted by Pedestrian

Postby Cheesewheel » Fri Oct 26, 2018 12:11 am

cyclingnolycra wrote:Some of the comments on this case on the couriermail website article are sickening. Hope peter griffin gets the book thrown at him.

It's no coincidence that cycliq is an australian company. Weigh in an under-represented population of cyclists within australia contending with an over-represented population of antipathetic aggressive smokeboxafarians (with an animosity that carries through to when they haul ass off their car seats) and what do you get? An outcome that more than compensates for what one would normally perceive as insubstantial deomographics to grant an australian company market share on the international stage.
Thankyou my fellow Australians, for supporting local industry .... maybe?
:|
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Re: Queensland Cyclist Assaulted by Pedestrian

Postby Mike Ayling » Thu Nov 01, 2018 4:09 pm

I would like to see the "shoulders touching" part ofthe video.

Mike

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Re: Queensland Cyclist Assaulted by Pedestrian

Postby John Lewis » Thu Nov 01, 2018 11:21 pm

Mike Ayling wrote:I would like to see the "shoulders touching" part ofthe video.

Mike

Had me wondering whether the pedestrian in fact made sure shoulders touched.
The cyclist apparently had little room to move and ped had plenty if I read aright.

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