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

[Locutus2000]

Reported in multiple outlets - BBC.

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

Well we will have to reevaluate the criminal justice system entirely in about 10 years then because around 1 in 8 children are now autistic, probably the same number will be diagnosed with ADHD and that’s not taking into account other disabilities as well.

Yes absolutely. Hope it sends out a message for cyclists to stay off the path.

While I don't think pedestrians should stand in the way or gesture at them if cyclists are on the pavement they shouldn't be going so fast than they can't stop if someone refuses to make way for them

And drivers will complain as cyclists are not using the cycle path...?

ASD/ADHD etc is a reason but not an excuse. Like I said in a PP about a friend with ASD who rages in public at strangers because they are not following "the rules"... the book was still thrown at them when they went to court.

That would be a very good idea.

Imo, only very wide pavements are suitable for shared use, where cyclists have sufficient space to avoid pedestrians.

It works ok (up to a point) on Brighton seafront, where the pavement is wide and half of it is shared use, the other half pedestrians only. But only up to a point, because cyclists who want to overtake slower cyclists often stray into the pedestrian bit.

the judge on the first case, made it clear it was to be counted as a shared path

I was pleased the verdict was overturned. I felt the charges were over-reaching and a custodial sentence was totally inappropriate.

The evidence of AG physically touching the cyclist just wasn't there. If she had been shown to have shoved/pushed her, then a conviction for something would be appropriate. But you just couldn't see that from the footage.

And there was a lot of confusion over whether this was a shared cycle path - that still doesn't seem to have been cleared up.

Reasonable doubt is easy to meet.

Would the cyclist have gone under a car if she hadn't been attached? The answer of course is no.

totally agree

but shared paths are a cheap alternative to creating proper cycle paths

Its dangerous for pedestrians and for cyclists - in this case the cyclist died

violent crime?! They can’t even confirm there was ANY physical contact between them (I can’t see a push on the video posted).

She shouldn’t be charged for this. If she didn’t have her disabilities- would she be jailed? Probably not.

Given the amount of deaths on our roads, due to motor vehicles, I'm not this one very unusual death will change anything in terms of safety measures

https://www.rac.co.uk/drive/advice/legal/new-highway-code-rules-what-you-need-to-know/
Reading the comments maybe we should all read the updated Highway Code.

I was responding to @Mistymountain on the issue with their shared paths.

Or indeed can’t make way for them.

If people ride their bikes at me in my power chair I can stop, but I can’t move sharply sideways- depending on the width, condition and camber of the pavement I might not be able to move to the side at all- especially if I have my disabled child with me.

Absolutely the right decision, I was horrified at the time that this vulnerable woman had been convicted!

I can see why the conviction was overturned, the judge said if the cyclist hadnt passed away the conclusion would have been that no crime was committed. They cant decide if a crime was committed based on the outcome. They couldn't establish whether she did push her or not.

Clearly AG was very anti social in her behaviour, but if they can't prove she pushed Mrs Ward then this is a very tragic accident. People cause accidents all the time that they can't be prosecuted for - undoubtedly this is AGs fault but from a criminal perspective the case needs to be proven beyond reasonable doubt.

My sympathies are with Mrs Ward's family and the driver of the car.

You can be both vulnerable and commit a crime.

You can see a push in the video. Initially I was dead set that this is the right decision but after watching carefully and seeing a push I don’t know how to feel

Those in the criminal justice system who seemed motivated to serve the bereaved family when faced with an unsympathetic defendant failed all parties.
Auriol Grey will now be entitled to compensation, while the memory of Celia Ward and the mental health of the poor driver will suffer whenever this story resurfaces - which it will with each similar incident.

Shouting and swearing at someone, and making them feel intimidated...is a crime.

“She then left the scene before emergency services arrived to buy groceries”