A widower whose wife was killed after being hit by a cyclist says the law needs to change – after a case yesterday saw another bike rider given just a year’s jail over the death of an elderly church minister.
Stewart McGinn was sentenced to prison on Thursday. He had hit Jane Stone, aged 79, as he drove round Monmouth at high speed.
But he could only be charged under the 1861 Offences Against the Person Act with a crime designed to cover incidents involving horse-drawn carriages.
Jane Stone suffered bodily injury when he admitted to causing it by “wanton” or “furious driving, while in charge of a bike,” which is punishable with a maximum two year sentence.
Matt Briggs declared that the new crime of causing death through dangerous cycling must become law in light of this latest tragedy.
His wife Kim was killed in east London in 2016 when she was hit by Charlie Alliston who was riding at 18mph on an illegal fixed-wheel bike with no front brakes.
Alliston was cleared of manslaughter but found guilty of causing bodily harm by ‘wanton and furious driving’.
Mr Briggs told MailOnline: ‘This is another senseless death and my heart goes out to Jane Stone’s family and friends in this traumatic time.
‘How many more tragedies do there need to be before the law is changed?
‘Once again prosecutors are having to use the archaic “wanton and furious” offence which doesn’t even mention death.
Pictured: Ms Stone was returning from the movie when Stewart McGinn was speeding along the sidewalk.
Kim Briggs was struck by Charlie Alliston, who was driving at 18mph and riding on an illegal fixed-wheel bicycle without front brakes in East London.
Matt Briggs, Widower, stated that a new offense of dangerously cycling to death must be made law immediately after the tragedy.
Stewart McGinn (pictured) was sentenced to a year in prison and prohibited from driving for 2 years.
‘It is a Victorian law designed originally for horse riding. The punishment for these cases is not appropriate and they continue to occur.
‘Had this been a motorist the Road Traffic Act has clear remedies for this, juries and barristers know what they are dealing with and the punishment is 14 years.
‘But under “wanton and furious” it is just two years. Kim died five years ago and I’ve been fighting since then for a new crime of causing deaths by dangerous cycling.
‘Every transport minister I have spoken to has been very receptive and Grant Shapps said earlier this year it was going to happen, but as yet hasn’t.
‘I don’t know whether it is the pro-cycling lobby or whether the pandemic and Brexit have slowed down its progress. It is so close.
‘Tragedies like this underline the need for the law to change.’
McGinn was shown footage of him riding fast while Mrs Stone walked with her friend back from the cinema.
The cyclist then hits the retired teacher who falls to the ground and is propelled back ‘violently’ on to the pavement.
McGinn jumps on to his bike again and pedals faster, as Mrs Stone was dying. In hospital, her head injuries were severe enough that she later succumbed to her death.
McGinn, seen riding his bicycle just before hitting Ms Stone.
Stewart McGinn plowed on, speeding along the wrong side to avoid stopping for his victim.
After being hurt walking from the cinema in the warm summer evening, Mrs Stone couldn’t avoid the collision and she died four days later at the hospital.
After being hurt walking from the cinema to her home on a hot summer evening, Mrs Stone couldn’t have avoided the collision and she died four days later in hospital.
James Wilson, the Prosecutioner said that McGinn was speeding around and collided to her.
He stated that she fell on her head, landing on it and sustained a fractured skull.
“The defendant failed to stop and offer any assistance. He just cycled away.”
Janet Bromley, Mrs Stone’s friend, said Janet was “poleaxed” to the ground by force of blow.
According to Mr Wilson, Mrs Bromley said that Jane collided and the front end of Jane’s bike collided.
“It knocked her hand raised above her body, which was then pushed back violently.”
Her friend was lifted “off the ground” before Mrs Stone’s head hit the pavement.
Judge Tracey Lloyd-Clarke told McGinn, pictured, he showed ‘flagrant disregard for the safety of others’
Cardiff Crown Court was told by Mr Wilson that McGinn, the father of one, stayed on his mountain bike after the accident and went to visit his mother-in law.
He stated: “Mrs Bromley shouted that I was on my way, help me. But she ignored him and continued to ride off.”
McGinn did not surrender to police until 10 days after the Monmouth crash, South Wales.
David Bruton’s brother Mrs Stone provided a victim impact report that stated his sister was healthy, active, and not frail.
Ben Waters, who was defending the case, stated that he would have to accept the consequences of his actions, which led to the death of another person.
McGinn was told by Judge Tracey Lloyd-Clarke that he displayed a ‘flagrant disregard’ for others’ safety.
McGinn was sentenced to one year in prison. The maximum sentence for McGinn was two years. He was also banned from driving for two and six months.
He was told by her: “You rode too fast on the sidewalk and struck Jane Stone with considerable force.”
“You didn’t give any warning about your approaching and the police saw no lights on you bicycle.
You rode around on the asphalt and sped very quickly, even though you couldn’t see the other riders. It was impossible to avoid them.
McGinn said that she did not act in a momentary lapse of attention and made a conscious decision to ignore or disregard road rules which were equally relevant to cyclists as to other road users.
McGinn was a Monmouth resident and was charged with the 1861 Offences Against the Person Act.
Judge Lloyd-Clarke rejected any sentence that would alleviate the grief felt by Mrs Stone’s relatives.
She stated that she had given her time in helping others, and many will feel her loss for the rest of their lives.
Ryan Randall, CPS spoke after the sentence and said that McGinn’s behavior around corners was totally irresponsible.
CCTV footage captured McGinn approaching Ms Stone with speed.
McGinn appears around the corner and Ms Stone is forced to turn back.
“His inconsiderate disregard of the safety and well-being of the other users on the pavement was disastrous. This is yet another reminder about how dangerous pedal cycles can prove to be to road users when they are ridden recklessly.
“Our thoughts and prayers are with all those affected by the tragedy of Mrs Stone’s passing.”
After the tragedy at Monmouth in South Wales, Mrs Stone’s family paid respects to her and described her as being’very caring, active’.
According to a statement, “She was physically and mentally active. She only abseiled down the tower of the church in order to raise money a few years back.”
“Having been raised in Monmouth, she studied in London to become a teacher. She was highly respected and valued in this profession.
“In retirement, and as a widow, she went back to her roots. She was enthusiastic about many aspects of Monmouth Life.
“She was an ex-Churchwarden at St. Thomas’s Church and was also a Lay Eucharistic Minister and Sacristan. She was heavily involved with all church activities and helped and supported the members of her community when needed.
McGinn falsely stated to police that he was there to assess Ms Stone’s condition.
“She loved long distance walking and set herself the goal of walking 1,000 miles per annum. She was currently taking on this challenge with Offa’s Dyke, her friend who walks from South Wales to North Wales.
Jane was an affectionate member of our family who closely followed her great nephews’ and nieces’ lives.
Jane was called a “full-of-life” by the church. She was described as a “supportive, tireless” churchwarden.
Monmouth Parishes’ spokesperson said, “Jane was so full of love and will to help others.
“She was an exemplary churchwarden who supported and encouraged many over the years. She also worked hard as a sacristan, ensuring the worship service met the highest standards.
She was active in study and house group activities, and was welcoming hostess. Her significant contributions to St Thomas PCC are well-known.
“A friend who is a true friend and a fearless leader for those she knows.”