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A driver who blared his BMW’s horn and shouted abuse at a cyclist with cancer before launching a shocking unprovoked attack has been told he will be going to jail.
The News reports 63-year-old cyclist Mark Rapley attended Portsmouth Crown Court to read his victim impact statement in which he said was just nine stone at the time of the attack due to his cancer treatment and “couldn’t fight back”.
Joshua Mills admitted a charge of assault occasioning actual bodily harm for the unprovoked attack which left Mr Rapley bleeding heavily, with swelling and bruises to his face and body.
“I could have been killed for no reason whatsoever,” the cyclist told the court. “I am furious I was assaulted for nothing. I still, to this day, have no idea why he did what he did.”
Mr Rapley was cycling on Hayling Island at 11.30am on October 24 last year when he was beeped at by Mills in his BMW and was on the receiving end of verbal abuse shouted from the passing vehicle.
The driver then got out of the car, punched the cyclist to the ground, and began stamping on him. Mr Rapley turned away and protected his head to avoid further injury but was, prosecutor Richard Cherill told the court, left “bleeding heavily from the mouth” and suffered “swelling and bruises on the face and body”.
Mills initially refused to attend a police identification parade and lied to officers about whether he was driving the vehicle, but later pleaded guilty to an assault charge having been successfully indentified.
“You are about to go to jail”
In the courtroom exchange that followed it is reported the judge, William Ashworth, told Mills he would be going to jail and asked if he wanted a lawyer, something the unrepresented defendant suggested was a decision he had taken due to financial factors.
“I run a small business and have four young children who depend on me. We’ve got a large mortgage and they will be homeless. I am deeply sorry,” he said.
The judge then raised the fact that after the assault Mills had told a police officer he would only get community service and a fine, and told the defendant: “You are about to go to jail. You need to wake up.”
“You’ve got four children and you think you can ride this out? This has come home to roost for you. You need representation as you are facing an immediate custodial sentence.”
Mills replied that he would get representation and the case was adjourned until December 2 when the sentence will be passed.
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