Manslaughter... or not

[motorbiking]

Auriol Grey: Woman who caused cyclist to fall into path of car has manslaughter conviction overturned

Auriol Grey was jailed in 2023 for three years for the manslaughter of a 77-year-old cyclist who reacted to her waving her arms and shouting by veering into the road where she was hit by a car and killed. Today's ruling saw Grey walk free.

news.sky.com

Interesting case in the news today. While the Manslaughter charge was based on an Unlawful act, I think the original judge got it very wrong to allow the Jury to decide without guidance. There really doesn't appear to be an unlawful act.

Unlawful Act Manslaughter - The prosecution must prove an intentional act (not omission); that the intentional act is unlawful; that it is an act which all sober and reasonable people would inevitably realise must subject the victim to at least some risk of harm.

Cambridgeshire County Council said following Grey's conviction it might have to review its shared pavements policy, admitting it did not know whether this section was one.

genius comment from the council.

 

[diy_fun_uk]

As usual, complete lack of consistency and/or applying the law. So cycling on the pavement is illegal?

Are Cyclists Allowed on The Pavement? - Cycle Accident Claims Management

There can often be confusion, however according to the Highway Code and the law, Cyclists are not permitted to cycle on the pavement.

cycleaccident.co.uk

However outside my mum's place you see cyclists of all ages riding on the pavements, and these aren't pavements with a cycle lane painted on. Young, middle aged, old, some trundling along some going at quite a rate.

I wish I could see a police car going by to see if it would stop to advise the cyclists accordingly.

 

[motorbiking]

It's illegal to cycle on a footway adjacent to a highway. Other "footways", "pavements" etc are fair game.

e.g. public footpath / right of way etc. Not illegal, you just don't have a right to do so.

sec 72 highway act. as per your link

 

[JonathanM]

Is it possible that what she did could be a common assault or a Public Order offence e.g. if the cyclist thought she was going to be pushed off her bike.

 

[JonathanM]

And that the above was the unlawful act which could lead to manslaughter.

 

[Koolpc]

Cyclist should have been on the road.

 

[algas]

Should have given her a medal

 

[noseall]

Should have given her a medal

Posthumously?

 

[diy_fun_uk]

It's illegal to cycle on a footway adjacent to a highway. Other "footways", "pavements" etc are fair game.

e.g. public footpath / right of way etc. Not illegal, you just don't have a right to do so.

sec 72 highway act. as per your link

?

The pavements I'm referring to are beside a road.

 

[fixitflav]

Posthumously?

The pusher, not the cyclist

 

[motorbiking]

Is it possible that what she did could be a common assault or a Public Order offence e.g. if the cyclist thought she was going to be pushed off her bike.

That is what the prosecution failed to prove. And of course given that the person who died, was (apparently) illegally cycling on the footway. There is a self defence argument.
Original case:

Pedestrian Auriol Grey jailed over Huntingdon cyclist death

Auriol Grey gestured and swore at Celia Ward, who fell into the path of a car and died.

www.bbc.co.uk

A few errors in the reporting. Unlawful Act manslaughter does not require an intent to cause harm, merely an unlawful act. it's the lowest level manslaughter apart from gross negligence, which wouldn't stick where there is no duty of care.

Looking at the CCTV, it could just as easily have been the Grey under the car, had she stepped off the pavement to avoid being hit by the cyclist.

 

[motorbiking]

?

The pavements I'm referring to are beside a road.

There was a question mark at the end of your sentence, so I thought you were asking. Its a common myth that its illegal to cycle on public footpaths.

 

[diy_fun_uk]

I was driving through my town centre yesterday early evening. Saw someone on one of those e-scooters going at a fair rate on the pavement, they're illegal in public spaces I think. And I saw someone on a bike on the pavement. Like I say I wonder if the police would stop to advise these folk 'no!' or just keep driving on by. I suspect the latter unless the person was evidently causing mayhem.

 

[fixitflav]

I was driving through my town centre yesterday early evening. Saw someone on one of those e-scooters going at a fair rate on the pavement, they're illegal in public spaces I think. And I saw someone on a bike on the pavement. Like I say I wonder if the police would stop to advise these folk 'no!' or just keep driving on by. I suspect the latter unless the person was evidently causing mayhem.

I believe hired e-scooters are legal, though I can't see the logic behind that

 

[wobs]

Cyclist should have been on the road.

The path was a shared use path and over 2m wide, and the cyclist was allowed to cycle there. The pedestrian wasn't aware it was shared use though.