Safe Speed Forums

25mph cyclist who killed man on pavement faces jail

Steven Morris
Saturday October 6, 2007
The Guardian

A cyclist who caused the death of a man he crashed into while riding on the pavement at 25mph was facing jail yesterday after admitting "wanton or furious" cycling.

Peter Messen, 28, ploughed into Gary Green as he packed his car in front of his house to go on holiday to Venice with his girlfriend. Witnesses watched as Messen sped "like a bat out of hell" down the hill in the village of Stenalees, near St Austell, Cornwall. Seconds before the collision one villager shouted out to him: "You are going to kill someone."

Messen mounted the kerb as he came down the hill on his Apollo mountain bike just as Mr Green, 41, who lived with his partner and her four children, walked across the pavement to fetch his glasses from his house. He was knocked to the ground unconscious and died four days later in the Royal Cornwall hospital from head injuries including multiple skull fractures.

Appearing at Truro crown court yesterday, Messen, of Swindon, Wiltshire, pleaded guilty to causing bodily harm by wanton or furious cycling. The crime, brought under the Offences Against the Person Act 1861, carries a maximum sentence of two years in jail.

An inquest earlier this year heard how in March last year Messen had borrowed the bicycle from a nephew and had not ridden it before. He was cycling to another village, Bugle, and moved on to the pavement because the traffic was heavy.

One witness, David East, a delivery driver from Devon, told the inquest: "My attention was drawn to him as the speed he was travelling at was far too fast for someone cycling on the pavement. I saw that he continued to pick up speed as he went down the hill and I said to my colleague that he would send someone flying if he hit them.

"He was on the pavement where he shouldn't have been. He had a total disregard for anyone else but himself. He was not giving the impression that he was having any difficulty in slowing down. He looked like he knew exactly what he was doing and travelling at the speed he was."

Mr East's colleague Andrew Price said he saw Mr Green hold out his hands in shock just before he was struck by the cyclist.

Don Lowe was walking back to his home from the local shop when he was passed by the cyclist. He told the inquest: "When he passed me I shouted after him 'You are going to kill someone' but I don't believe he would have heard me. I remember thinking that he had an arrogant manner as he didn't have a bell to warn me to get out of the way."

In a police interview, Messen said he could remember riding down the hill but not the accident. He could only remember waking up in hospital. He said at the inquest: "I am really sorry about what has happened and I wish it had never happened."

Yesterday's court hearing was adjourned until November 16 for pre-sentence reports.

And let's hope he receives a sentence in the 6-8 year range comparable with those typically given for "causing death by dangerous driving".

Unfortunately in the article it says that the maximum sentence for "wanton or furious" cycling is 2 years

Perhaps they should have charged him with manslaughter then

Long prison sentences dished out for the consequences of serious accedents dont really serve public interests despite the fact that safety campaigners/politicians like them so much

Sorry to be so cynical, but I am sick and tired of cyclists acting like they have no responsibility for road safety while car drivers take ALL the responsibility. I see that "causing bodily harm" now includes death.

Oh I dont know. Long prison sentences dished out for the consequences of serious accedents dont really serve public interests despite the fact that safety campaigners/politicians like them so much

Actually, I totally agree with you there, I was just expressing annoyance at the disparity in treatment between cyclists and motorists, and the fact that the former are put on a moral pedestal while the latter are regarded as homicidal scum.

The value of long prison sentences (or indeed any prison sentence at all) for driving offences where there is no mens rea is IMV very questionable. Gary Hart anyone?

But not locking someone up who is responsible for a fatal accident is a bit of a hard pill to swallow.

No excuse for riding on the pavement

Narrow uphill road, heavy traffic, nice wide empty pavement

Far better (were it me passing sentance)

1) 50 Lashes! In public! (Very cheap to administer, satisfies the vengence brigade and sends the message to the general public)

2) Perp made finantially responsible for victims dependents untill, say, youngest child has reached the age of 18! (We can debate that one)

Now THATS called being made to take responsibilty for your mistakes.
Not what we have today where somebody gets banged up for a few years and then gets let out early for saying how sorry he was!

Zamzara wrote:-



Then get off and push the f******g thing!

I just want to post here to say I completely agree here. Prison for this mans costs the public, it wont serve real purpose. Making him financially responsible for his actions is real punishment as well as not costing the rest of us -

The compensation aspects seem better all round.

Yes, but few people have the financial means to provide such compensation, which is why drivers are required to have insurance. Perhaps cyclists should be as well - but that's another issue.

If people can't afford insurance then they are likely to be "men of straw" who would be unable to pay for any compensation themselves.

There is that, I agree. But from time to time the courts order 50% or 60% of income to be forfeit, which at once provides an ongoing compensation stream for the victim's family and a punishment.

But from time to time the courts order 50% or 60% of income to be forfeit, which at once provides an ongoing compensation stream for the victim's family and a punishment.

Until the offender decides that it isn't worth working. What happens then?

Until the offender decides that it isn't worth working. What happens then?

If you can only earn the minimum wage, you can't afford to give up 50%.