E-bike rider sentenced for killing grandfather, 91

An e-bike rider who hit and killed a 91-year-old man on a pavement outside his home has been handed a suspended jail term.

Clifford Cage, 50, of The Fairway in Rochester, pleaded guilty to manslaughter at a hearing in October.

Jim Blackwood, a veteran who served in the Army for 26 years, died from internal injuries three months after being knocked down while taking his recycling out in Rochester, on 6 July, 2023.

Cage was given a 15-month prison sentence, suspended for two years, at Maidstone Crown Court earlier. Prosecutors said the case was thought to be the first of its kind in England.

The court heard Cage was travelling between 10 and 12mph when he knocked over Blackwood just before 07:00 BST.

Cage chose to cycle on the pavement on City Way, because he had experienced "two near misses" on the road, the hearing was told.

He told police he had not thought riding on the pavement was an issue or illegal, but agreed he should not have been on the path, the court heard.

The cyclist told police he did not see Blackwood stepping out from behind a bush and had no time to stop - the court heard the shrub was overgrown and Blackwood's family had complained about it previously.

After the crash, Cage stayed at the scene, dialled 999, and expressed "genuine remorse", the court heard.

He told Blackwood's daughter, Christine White, he swept the pavement at City Way every Wednesday and offered to trim the shrub himself.

Sentencing, Judge Julian Smith said Blackwood had "suffered significantly" in his final months.

The judge also ordered Cage to carry out 15 days of rehabilitative activity and 180 hours of unpaid work.

He said of the defendant: "No doubt he should not have been riding on that path in that way."

Following the sentencing, Cage and White hugged in the courtroom.

In a victim impact statement read out on her behalf, White said her father's death had had a devastating effect on the family, and had left a "huge emotional toll" on her.

She said her father had been active, was still driving, ran the house and maintained the garden.

"I miss dad terribly. I was a real daddy's girl," she said.

A statement read out from Blackwood's wife of 72 years, Hanni, said that she missed him all the time, adding: "There's not a day I don't think of him".

She said as a former Army man, her husband had served in Malaya and Northern Ireland, "but was killed outside his front door".

Danny More KC, representing Cage, said the defendant appreciated the loss and pain caused was profound and permanent.

He said Cage recognised no sentence could restore what had been taken away.

"Knowing his actions have caused the death of another human being will be carried with him for the rest of his life," he told the court.

"He wishes the court to know, and hopes court accepts, his remorse is genuine."

The Crown Prosecution Service (CPS) said similar cases had been prosecuted, but as "wanton and furious" cycling - a law dating back to Victorian times - not as manslaughter.

District crown prosecutor Matt Beard said Cage's e-bike was not powerful enough for driving offence laws to apply in this case.

He said there was a gap between a law dating back to 1861 on "wanton and furious driving" which could lead to a two-year sentence - and manslaughter, which had a maximum penalty of life imprisonment.

Beard said Cage had had near misses on the road and chose to cycle on the pavement "to take himself away from one danger and effectively move that danger to somebody else".

He said: "The takeaway from that is that cyclists, whether you're on an e-bike or on a normal push bike, to be aware of the risks of others."

After the court hearing, a Department for Transport (DfT) spokesperson described Blackwood's death as a "terrible incident" and said its thoughts were with his family.

They added: "The safety of all road users and pedestrians is vital which is why we are bringing in new offences and tougher penalties for dangerous cycling and updating century-old legislation, ensuring anyone who recklessly puts others at risk faces the full force of the law."

The DfT said police had the power to seize any vehicles, including e-cycles, which did not comply with regulations, or were being used illegally or in an antisocial manner.

The Crime and Policing Bill, currently going through the Lords, includes new offences relating to dangerous cycling, which could lead to jail terms and fines.

Follow BBC Kent on Facebook, on X, and on Instagram. Send your story ideas to southeasttoday@bbc.co.uk or WhatsApp us on 08081 002250.