A cowards attack on a vulnerable road user

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10speedsemiracer
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A cowards attack on a vulnerable road user

Postby 10speedsemiracer » Mon Oct 29, 2018 2:53 am

Someone just linked this on a different forum, and is pretty disturbing.


Event occurred in 2017 and driver has since been charged etc and apparently ended up with a conviction of Reckless Driving Causing Injury and fined $1k.
Last edited by 10speedsemiracer on Thu Nov 01, 2018 4:20 pm, edited 1 time in total.
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Grotesque attack': Cyclist sideswiped, thrown from bike in road rage incident

Postby mtb1011 » Wed Oct 31, 2018 3:09 pm

Grotesque attack': Cyclist sideswiped, thrown from bike in road rage incident

This is something cycling orgs need to get onto; i.e. if you want to kill someone with little to no legal consequences; put them on a bike and ride into them. The cops are treating it as vehicle to vehicle overlooking the fact that the human on the bike has no protection and we all know that kind of impact could be easily fatal.


Court documents obtained by Fairfax Media reveal, Michael Giarruso, 27, fronted the Melbourne Magistrates Court on June 25 and pleaded guilty to recklessly causing injury over the November 9 incident.

He was convicted and fined $1000 by magistrate Franz Holzer.

Four other charges were struck out including careless driving, unlawful assault, intentionally causing injury and reckless conduct endangering serious injury.

https://www.theage.com.au/national/vict ... 50cs4.html
Last edited by find_bruce on Wed Oct 31, 2018 4:07 pm, edited 1 time in total.
Reason: Merged to existing topic

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Re: Grotesque attack': Cyclist sideswiped, thrown from bike in road rage incident

Postby find_bruce » Wed Oct 31, 2018 4:15 pm

mtb1011 wrote:Grotesque attack': Cyclist sideswiped, thrown from bike in road rage incident
[Mod Says] I moved your post to join the existing thread on the same issue.[/Mod]

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Re: A cowards attack on a vulnerable road user

Postby Toyopet » Wed Oct 31, 2018 4:34 pm

It'd be interesting to know what defence was used to have the more serious charges struck out, despite the obvious video evidence.

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Re: A cowards attack on a vulnerable road user

Postby Calvin27 » Wed Oct 31, 2018 4:36 pm

This is a clear as day failure of the legal system imo.

I mean he probably had some !! BAN ME NOW FOR SWEARING !! defense about wanting to turn into the street, and accidentally swiped the cyclist and then got angry somehow and got off on benefit of doubt. But the pub test is 'nah mate he tried to kill the bloke'.

The sad thing is if the article is correct, TAC pays for injuries.
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Re: A cowards attack on a vulnerable road user

Postby Jmuzz » Wed Oct 31, 2018 4:40 pm

What do you have to do in a car for "vehicle as a weapon" type charges to actually stick?

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Re: A cowards attack on a vulnerable road user

Postby Calvin27 » Wed Oct 31, 2018 4:42 pm

Jmuzz wrote:What do you have to do in a car for "vehicle as a weapon" type charges to actually stick?
From my observations probably actively stalk, have a few goes and it helps if you engage a reverse gear and the said user must die.
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Re: A cowards attack on a vulnerable road user

Postby Cheesewheel » Wed Oct 31, 2018 5:04 pm

Jmuzz wrote:What do you have to do in a car for "vehicle as a weapon" type charges to actually stick?
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Re: A cowards attack on a vulnerable road user

Postby RobertL » Wed Oct 31, 2018 5:23 pm

Jmuzz wrote:What do you have to do in a car for "vehicle as a weapon" type charges to actually stick?
Randomly drive into a crowd - that would do it.

I've often wondered what would happen if someone deliberately rang over someone they knew, and then claimed it was an accident. Their spouse, for example...

* Not that I'm suggesting this, and if you're reading this my darling wife, I'm not thinking about it and I hope that I'm not giving you ideas :shock:

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Re: A cowards attack on a vulnerable road user

Postby 10speedsemiracer » Wed Oct 31, 2018 5:32 pm

RobertL wrote:
* Not that I'm suggesting this, and if you're reading this my darling wife, I'm not thinking about it and I hope that I'm not giving you ideas :shock:
OK, that made me laugh..
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Re: A cowards attack on a vulnerable road user

Postby madmacca » Wed Oct 31, 2018 5:52 pm

Calvin27 wrote:This is a clear as day failure of the legal system imo.

I mean he probably had some !! BAN ME NOW FOR SWEARING !! defense about wanting to turn into the street, and accidentally swiped the cyclist and then got angry somehow and got off on benefit of doubt. But the pub test is 'nah mate he tried to kill the bloke'.

The sad thing is if the article is correct, TAC pays for injuries.
If he was just turning into the side street, reckless driving is probably the charge that will stick. Perhaps with some aggravation from the bicycle toss at the end.

But if you look carefully at the video, if the vehicle had continued its "turn", it would have mounted the curb approx. 2-3 metres short of the side street. And that suggests it is not just a recklessly "blind turn", but an intentional maneuvere. Oh, and by the way, no indicator.

I'm pleased that the police at least took the higher level charges to court.

Edit: It would seem that the decision to accept the plea bargain was down to the prosecution, not the magistrate.
Last edited by madmacca on Thu Nov 01, 2018 5:39 pm, edited 1 time in total.

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Re: A cowards attack on a vulnerable road user

Postby brumby33 » Wed Oct 31, 2018 6:58 pm

Yes it's almost as if the magistrate was saying "look we gotta fine you for this act...but good onya"!!
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Re: A cowards attack on a vulnerable road user

Postby DavidS » Wed Oct 31, 2018 9:02 pm

I hope they at least took his licence away, somehow I doubt it.

Apparently he is competent to continue driving around a 2 tonne vehicle on public roads.

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Re: A cowards attack on a vulnerable road user

Postby uart » Wed Oct 31, 2018 9:05 pm

Calvin27 wrote:
Jmuzz wrote:What do you have to do in a car for "vehicle as a weapon" type charges to actually stick?
From my observations probably actively stalk, have a few goes and it helps if you engage a reverse gear and the said user must die.
Nah, not even that is enough in Queensland. Last yeah a drunken guy up in Nossaville chased a random cyclist up onto the footpath trying to run him down, his passenger yelling all the while "I'm gonna kill you - you idiot". The cyclist only barely escaped by sheltering behind a power pole.

Less than half hour later the same driver swerved suddenly into a cyclist who was riding in a separated and marked bike lane, killing him instantly. When the police caught up with him his only comment was "whoops, my bad."

The Judge said of it: "this is the worst case of dangerous driving I've ever seen", before handing him a sentence of approx 4 years.

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Re: A cowards attack on a vulnerable road user

Postby bychosis » Wed Oct 31, 2018 10:23 pm

No excuse forbit, but I wonder what the lead up to the swerve was. Did the cyclist get a near hit from the 4wd and give him the bird or was it simply that the cyclist rode legally and slowed the driver down.
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Re: A cowards attack on a vulnerable road user

Postby madmacca » Wed Oct 31, 2018 11:07 pm

bychosis wrote:No excuse forbit, but I wonder what the lead up to the swerve was. Did the cyclist get a near hit from the 4wd and give him the bird or was it simply that the cyclist rode legally and slowed the driver down.
Yeah, there is some gesticulating "down the road", which makes you wonder. But I suspect bogan 4WD driver was just wound up by being slowed by the car in front (you can see how closely he is tailgating the purple ute), and takes it out on the cyclist.

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Re: A cowards attack on a vulnerable road user

Postby NASHIE » Thu Nov 01, 2018 12:09 am

madmacca wrote:
bychosis wrote:No excuse forbit, but I wonder what the lead up to the swerve was. Did the cyclist get a near hit from the 4wd and give him the bird or was it simply that the cyclist rode legally and slowed the driver down.
Yeah, there is some gesticulating "down the road", which makes you wonder. But I suspect bogan 4WD driver was just wound up by being slowed by the car in front (you can see how closely he is tailgating the purple ute), and takes it out on the cyclist.
Whatever ticked him off, his final actions where intentional, careless, unlawful and endangering. A 1k fine is a joke. Note it appears the cops are trying to do their job charging the 5 charges. Mr Giarruso must be linked and Magistrate Franz Holzer on the payroll.

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Re: A cowards attack on a vulnerable road user

Postby Gerry.M » Thu Nov 01, 2018 8:14 am

NASHIE wrote:
madmacca wrote:
bychosis wrote:No excuse forbit, but I wonder what the lead up to the swerve was. Did the cyclist get a near hit from the 4wd and give him the bird or was it simply that the cyclist rode legally and slowed the driver down.
Yeah, there is some gesticulating "down the road", which makes you wonder. But I suspect bogan 4WD driver was just wound up by being slowed by the car in front (you can see how closely he is tailgating the purple ute), and takes it out on the cyclist.
Whatever ticked him off, his final actions where intentional, careless, unlawful and endangering. A 1k fine is a joke. Note it appears the cops are trying to do their job charging the 5 charges. Mr Giarruso must be linked and Magistrate Franz Holzer on the payroll.
If this story is true there is a bit more to it than what the video shows:
https://www.dailymail.co.uk/news/articl ... viral.html

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Re: A cowards attack on a vulnerable road user

Postby mikesbytes » Thu Nov 01, 2018 8:26 am

If I was walking along the footpath and head butted another pedestrian I'd be charged with assault. Why no assault charge for deliberately driving a car into someone?
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Re: A cowards attack on a vulnerable road user

Postby Cyclophiliac » Thu Nov 01, 2018 8:48 am

Gerry.M wrote:
NASHIE wrote:
madmacca wrote:
Yeah, there is some gesticulating "down the road", which makes you wonder. But I suspect bogan 4WD driver was just wound up by being slowed by the car in front (you can see how closely he is tailgating the purple ute), and takes it out on the cyclist.
Whatever ticked him off, his final actions where intentional, careless, unlawful and endangering. A 1k fine is a joke. Note it appears the cops are trying to do their job charging the 5 charges. Mr Giarruso must be linked and Magistrate Franz Holzer on the payroll.
If this story is true there is a bit more to it than what the video shows:
https://www.dailymail.co.uk/news/articl ... viral.html
Very selective reporting from a well-known sensationalist tabloid news site. Are we supposed to believe the cyclist ran a key along the car for no reason? I wonder what occurred before that?

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Re: A cowards attack on a vulnerable road user

Postby AdelaidePeter » Thu Nov 01, 2018 8:56 am

Cyclophiliac wrote:
Gerry.M wrote:
NASHIE wrote:
Whatever ticked him off, his final actions where intentional, careless, unlawful and endangering. A 1k fine is a joke. Note it appears the cops are trying to do their job charging the 5 charges. Mr Giarruso must be linked and Magistrate Franz Holzer on the payroll.
If this story is true there is a bit more to it than what the video shows:
https://www.dailymail.co.uk/news/articl ... viral.html
Very selective reporting from a well-known sensationalist tabloid news site. Are we supposed to believe the cyclist ran a key along the car for no reason? I wonder what occurred before that?
If the story is true (and granted that's a big "if"; I'd like to see the full video), then they are both tools (though the driver is worse). Nothing justifies ramming the cyclist off the road, but also nothing justifies running your keys along a car.

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Re: A cowards attack on a vulnerable road user

Postby uart » Thu Nov 01, 2018 10:08 am

Cyclophiliac wrote: Very selective reporting from a well-known sensationalist tabloid news site. Are we supposed to believe the cyclist ran a key along the car for no reason? I wonder what occurred before that?
Yes I'd love to know the FULL story. However, even before this came to light I did suspect that it probably had something to do with the cyclist somehow touching the guy's car. Presumably due to a close pass by the driver.

Remember the WA case where a cyclist thumped a guy's 4WD as he close passed him on the entry to a roundabout. The driver stopped up the road and then chased him with a knife.

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Re: A cowards attack on a vulnerable road user

Postby human909 » Thu Nov 01, 2018 10:37 am

AdelaidePeter wrote:If the story is true (and granted that's a big "if"; I'd like to see the full video)
Given the article says he admitted it and was convicted then I'm not sure about the "big if".

It sounds to me that the message being sent out by our courts is that it is ok to deliberately drive your vehicle into somebody if they touch your vehicle beforehand. :?:

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Re: A cowards attack on a vulnerable road user

Postby AdelaidePeter » Thu Nov 01, 2018 11:00 am

human909 wrote:
AdelaidePeter wrote:If the story is true (and granted that's a big "if"; I'd like to see the full video)
Given the article says he admitted it and was convicted then I'm not sure about the "big if".

It sounds to me that the message being sent out by our courts is that it is ok to deliberately drive your vehicle into somebody if they touch your vehicle beforehand. :?:
"Touch" is very different from "run a key along".

But just clarifying, I'm not saying the cyclist deserved it. I'm saying they were both idiots and both deserved some punishment, and the driver should have received a more severe sentence than he got.

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Re: A cowards attack on a vulnerable road user

Postby NASHIE » Thu Nov 01, 2018 11:07 am

Wouldnt you be getting the cyclist details so he can pay for a respray, rather than trying to kill him and driving off ?

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