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Auriol Grey's manslaughter sentence overturned for killing cyclist. Correct decision?

1000 replies

Locutus2000 · 08/05/2024 14:17

Reported in multiple outlets - BBC.

Mixed feelings - it was a complex case with no winners on any side.

Auriol Grey

Pedestrian Auriol Grey has Huntingdon cyclist death conviction overturned

A woman whose actions led to the death of a pensioner cycling on a pavement wins a court appeal.

https://www.bbc.co.uk/news/uk-england-cambridgeshire-68975335

OP posts:
Thread gallery
18
XenoBitch · 08/05/2024 19:05

NotYourAuntie · 08/05/2024 18:59

This is interesting and if Ms Grey is similarly unable to control herself due to her neurological condition of autism, then shouldn’t the conviction be overturned and she re-tried with a defence of diminished responsibility?

Perhaps Ms Grey is too dangerous to be in the community without a carer?

No, as my friend was recently in court for a incident of raging in public, and their autism did not get them off at all... although it might have triggered some support, which is a good thing.

I hope the same happens with AG. I doubt she has been let out of prison and left to just get on with things. Although, I would not be surprised.

BIossomtoes · 08/05/2024 19:06

NotYourAuntie · 08/05/2024 18:41

Hello! I am fairly new to Huntingdon. Moved here from Alconbury- not far.
If it has been for 50yrs might be that the paper based records were not digitised?

Entirely possible. Or that an inept council official simply failed to produce it and nobody noticed at the time.

LakeTiticaca · 08/05/2024 19:07

A sad and difficult case but given Ms Greys disabilities I don't think prison was the right sentence

Freddie1964 · 08/05/2024 19:12

Yes a totally correct decision which was a long time coming in truth. It is perfectly reasonable to call out and gesture at reckless cyclists who are heading in your direction. You don't have to get out of their way although in this case it is not clear that there was any attempt to agree which side to pass on.

MikeRafone · 08/05/2024 19:15

MalcolmTuckersSwearBox · 08/05/2024 14:44

"Pushed"

Where does it say she was pushed by AG? The BBC report says she "shouted and waved" at the cyclist.

video of pushing cyclist

video of pushing cyclist - Google Search

https://www.google.com/search?client=safari&rls=en&q=video+of+pushing+cyclist&ie=UTF-8&oe=UTF-8#fpstate=ive&vld=cid:d45d70f3,vid:P4eIjOFTB6k,st:0

Allfur · 08/05/2024 19:17

Freddie1964 · 08/05/2024 19:12

Yes a totally correct decision which was a long time coming in truth. It is perfectly reasonable to call out and gesture at reckless cyclists who are heading in your direction. You don't have to get out of their way although in this case it is not clear that there was any attempt to agree which side to pass on.

You don't have to get out of their way, although a fast moving vehicle coming towards you, be it a bije, car, scooter, is not something you want to be in front of. It's stubborn not to

Gonnagetgoingreturnsagain · 08/05/2024 19:18

Towerofsong · 08/05/2024 18:41

It was an elderly lady cycling. It is a narrow and uneven section of pavement next to a 2 lane one way road with very narrow lanes. I very much doubt she was cycling at any speed.

The accused comes across as a very unpleasant person, albeit with significant issues.

Maybe the lady's judgment to cycle there was not the best decision, but she didn't deserve to have arms waved at her, be yelled at, let alone possibly hit and the outcome being her death.

I have cyclists that pass me on pavements, I either move as it's easy on foot, or if I'm in a bad mood say, 'this is a footpath' as I move. Never in a million years would I wave my arms and risk throwing them off balance, especially with heavy traffic passing close by.

You seriously think elderly cyclists can’t cycle at speed? Near my DP’s house there live 2 family friends, a couple, both 70s. They can definitely cycle at speed because I’ve seen them do so.

Workhardcryharder · 08/05/2024 19:18

I don’t understand what video everyone else watched?! She clearly pushed her. The only reason she didn’t get done for it is because it’s not “beyond reasonable doubt”. That doesn’t mean any normal bloody person can’t see it happened.

She must have been “so scared”!!!! So scared that she stepped towards the cyclist to confront her? Nasty piece of work

timenowplease · 08/05/2024 19:19

It was definitely manslaughter.

Shocking that the conviction has been overturned.

Allfur · 08/05/2024 19:21

Gonnagetgoingreturnsagain · 08/05/2024 19:18

You seriously think elderly cyclists can’t cycle at speed? Near my DP’s house there live 2 family friends, a couple, both 70s. They can definitely cycle at speed because I’ve seen them do so.

Speeding septuagenarians are an absolute menace on our streets

GasPanic · 08/05/2024 19:25

Cailleach1 · 08/05/2024 18:59

The footpath doesn’t seem to be uniform in width. At the point they meet there is a signpost taking up space on the ground. You’d need clearance then as well between a moving vehicle and the pedestrian. Further along it curves and narrows as it reaches an intersection.

It doesn’t look a comfortable spot to pass each other. The pedestrian could have stopped and pressed towards the railings. The cyclist could have dismounted. Lots of could have. I don’t know what would have been best.

It's interesting because when this was debated before with people I wondered whether we were watching the same video !

To me there is no clear evidence of a push, no clear evidence of the pedestrian moving towards the cyclist (to me she appeared to move pretty much in a straight line down the path) when you reference her walk to features on the pavement.

There was no detail provided on the path width and whether the street furniture was included in that width (I think it was a lamp post you mention). To me the placing of the street furniture was crucial as that surely would affect the side chosen by the cyclist to pass on, and maybe also the trajectory of the cyclist and any potential narrowing of the path where the encounter took place.

These are all questions that left me confused. People appeared to insist there were other videos that showed further evidence of the encounter that were too horrific to show but I simply don't believe that, since they surely would have been released to the public to support the conviction, and any extra detail of the encounter would have been well before the terrible collision further on and therefore would have been acceptable to release.

The whole thing left me scratching my head.

Freddie1964 · 08/05/2024 19:26

But which side was she supposed to move to? We don't know where the cyclist was until the last second.

Allfur · 08/05/2024 19:26

You can't just lash out at anyone who annoys you on the street, however justified you feel it may be. The world would be mayhem.

ChardonnaysBeastlyCat · 08/05/2024 19:27

Workhardcryharder · 08/05/2024 19:18

I don’t understand what video everyone else watched?! She clearly pushed her. The only reason she didn’t get done for it is because it’s not “beyond reasonable doubt”. That doesn’t mean any normal bloody person can’t see it happened.

She must have been “so scared”!!!! So scared that she stepped towards the cyclist to confront her? Nasty piece of work

Proving something beyond reasonable doubt is the cornerstone of a criminal
trial.

Workhardcryharder · 08/05/2024 19:29

ChardonnaysBeastlyCat · 08/05/2024 19:27

Proving something beyond reasonable doubt is the cornerstone of a criminal
trial.

It’s also subjective. She was convicted for a reason, that was overturned for another. We can sit here and argue about whether she should have been done for manslaughter, but regardless her behaviour was despicable and caused the death of an innocent woman.

theilltemperedclavecinist · 08/05/2024 19:29

prh47bridge · 08/05/2024 18:34

It wasn't just that they weren't instructed. The reason the Court of Appeal refused the prosecution's request for a retrial is that there isn't the evidence to support a conviction for assault.

I'm not saying that it is never an unlawful act that can lead to a manslaughter charge, although I think it would be highly unusual for simply screaming and waving your arms. To take your situation, I would be surprised if you could convince a jury that X thought they were about to be attacked and even more surprised if you could convince them that you intended X to believe they were about to be attacked or, alternatively, that you knew they would think you were going to attack them but went ahead anyway.

Gross negligence manslaughter is usually for deaths following medical treatment, workplace incidents or deaths in custody. Outside of those settings, it is most likely to apply when the defendant knew (or should have known) that the deceased was in urgent need of medical attention but failed to seek medical assistance.

So this decision has created a bit of an opportunity for cyclist haters then, if it's legal for them to go around deliberately startling them in the hope they might swerve into the path of another vehicle? As long as they don't touch or threaten them. Maybe bursting a balloon or firing a starter pistol?

AutismProf · 08/05/2024 19:31

theilltemperedclavecinist · 08/05/2024 19:29

So this decision has created a bit of an opportunity for cyclist haters then, if it's legal for them to go around deliberately startling them in the hope they might swerve into the path of another vehicle? As long as they don't touch or threaten them. Maybe bursting a balloon or firing a starter pistol?

Don't be silly. The evidence of her additional needs is very significant in her level of culpability.

Mistymountain · 08/05/2024 19:31

LittleBrenda · 08/05/2024 14:42

Wasn't that fully explained in the trial, that it was a shared pathway.

No, it was unclear as to whether it was a shared path. The Council weren't sure.

ChardonnaysBeastlyCat · 08/05/2024 19:32

Workhardcryharder · 08/05/2024 19:29

It’s also subjective. She was convicted for a reason, that was overturned for another. We can sit here and argue about whether she should have been done for manslaughter, but regardless her behaviour was despicable and caused the death of an innocent woman.

The point is that if something is proven betting reasonable doubt then it’s not subjective.

The Court of Appeal found that this could not be made on the evidence presented by the prosecution.

BreatheAndFocus · 08/05/2024 19:33

GasPanic · 08/05/2024 19:25

It's interesting because when this was debated before with people I wondered whether we were watching the same video !

To me there is no clear evidence of a push, no clear evidence of the pedestrian moving towards the cyclist (to me she appeared to move pretty much in a straight line down the path) when you reference her walk to features on the pavement.

There was no detail provided on the path width and whether the street furniture was included in that width (I think it was a lamp post you mention). To me the placing of the street furniture was crucial as that surely would affect the side chosen by the cyclist to pass on, and maybe also the trajectory of the cyclist and any potential narrowing of the path where the encounter took place.

These are all questions that left me confused. People appeared to insist there were other videos that showed further evidence of the encounter that were too horrific to show but I simply don't believe that, since they surely would have been released to the public to support the conviction, and any extra detail of the encounter would have been well before the terrible collision further on and therefore would have been acceptable to release.

The whole thing left me scratching my head.

I don’t see a push either. I was expecting to see an obvious push when I first read about the case, and the cyclist falling sideways after ‘being pushed’, but there isn’t one. It looks like AG gestures with her thumb and hand towards the road. Then the poor cyclist seems to turn her front wheel (I assumed she might have been trying to join/cross the road after AG shouted at her) and falls.

A tragic death and very sad, but i don’t think AG should have been convicted as there wasn’t enough evidence.

G123456789 · 08/05/2024 19:33

Change it from a mature lady on a bicycle to a 5 year old on a scooter and tell he where your sympathy lay. Even if the cyclist was going fast, she was clearly aiming to go outside of the pedestrian...the pedestrian lashed out (and we can debate if contact was made to my mind it's irrelevant) she caused the cyclist to crash into the road and hence be hit by a vehicle.

The president is my worry, can anyone with autism commit a violent crime? She and she alone caused the death. She forced the cyclist to swerve, the cyclist was not intending to ride into her.

theilltemperedclavecinist · 08/05/2024 19:33

AutismProf · 08/05/2024 19:31

Don't be silly. The evidence of her additional needs is very significant in her level of culpability.

My comment did not relate to this defendant, but to the precedent set.

Mistymountain · 08/05/2024 19:35

On the issue of shared paths, they have converted quite a few pavements in our area to shared paths, this means that the cyclists get plenty of room and the pedestrians are pushed into the hedge. During the summer when the hedge grows and isn't trimmed, where are pedestrians supposed to go? I think cyclists should be off the pavements and returned to the roads.

AGovernmentOfLawsNotOfMen · 08/05/2024 19:38

Mistymountain · 08/05/2024 19:35

On the issue of shared paths, they have converted quite a few pavements in our area to shared paths, this means that the cyclists get plenty of room and the pedestrians are pushed into the hedge. During the summer when the hedge grows and isn't trimmed, where are pedestrians supposed to go? I think cyclists should be off the pavements and returned to the roads.

Pedestrians take priority over cyclists.
If you both can’t use the path safely then cyclists need to stop.

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