Pedestrian Has Cyclist Death Conviction Overturned

[Ellipsis]

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

Some may recall the discussion a year ago, here:

https://www.theanswerbank.co.uk/News/Question1829238.html

 

[Old_Geezer]

Yeah saw that a little while ago. For the best IMO.

[ToraToraTora]

madness that she was convicted at all, cyclists should not be on the pavement. End of.

[barry1010]

I'm very pleased by this decision, I felt the verdict and sentencing were wrong.

There is another strange case in court at the moment  https://www.dailymail.co.uk/news/article-13391415/Neighbour-admits-killing-girl-poisonous-gas-scattered-flat-bedbugs.html

[Old_Geezer]

Unfortunately it was indeed the end of

[Old_Geezer]

Very unfortunate barry, but in a flat, unlicenced importation and use; not a wise move, came with disastrous consequences.

[ToraToraTora]

this is what I wrote at the time:

//Madness, she didn't touch him and he should not have been on the pavement anyway. This now gives carte blanche to cyclists to ride illegally. Should have been given medal is you ask me. I always shout "get on the kin road" at them can I now be done for manslaughter if one of the morons rides in front of a bus? makes my blood boil. // - I haven't changed that view.

[Ellipsis]

At the Court of Appeal on Wednesday, three judges overturned her conviction ... Dame Victoria Sharp, sitting with Mrs Justice Yip and Mrs Justice Farbey, said: "In our judgment, the prosecution case was insufficient even to be left to the jury.

"In all the circumstances, we have no hesitation in concluding that the appellant's conviction for manslaughter is unsafe."

You do wonder, sometimes ...

[New Judge]

"You do wonder, sometimes ..."

You don't if you read a bit more:

For a manslaughter charge to succeed it requires an unlawful action (the "base offence") to have to taken place. It is part of the prosecution's job to identify that offence and prove it took place:

"Dame Victoria and her fellow appeal judges agreed, ruling that the jury were not asked to decide "the fundamental question of whether a base offence was established".

The senior judge continued: "Had Mrs Ward not died we regard it as inconceivable that the appellant would have been charged with assault."

During her original trial, Ms Grey's actions had been described as "hostile gesticulation" towards Mrs Ward.

However, Adrian Darbishire KC, for Ms Grey, said in the appeal: "Hostile gesticulation is not a crime, otherwise we would have 50,000 football fans each weekend being apprehended."

The Crown Prosecution Service had responded to the appeal, with its barrister Simon Spence KC telling the court it was accepted that "common assault as the base offence was not identified by name"."

[Ellipsis]

Yes, what I wonder is how the original conviction went ahead to trial, and retrial(!), when on an appeal a year later the judges conclude "the prosecution case was insufficient even to be left to the jury" ...

[Old_Geezer]

Probably make it up as they go along.