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#Post#: 22173--------------------------------------------------
Grey conviction quashed
DIR By: Southpaw82
Date: May 12, 2024, 6:55 am
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Court of Appeal judgment
HTML https://www.bailii.org/ew/cases/EWCA/Crim/2024/487.html
I said it was wrong then and it’s wrong now. She should never
have been convicted, let alone imprisoned.
#Post#: 22197--------------------------------------------------
Re: Grey conviction quashed
DIR By: tonys
Date: May 12, 2024, 3:04 pm
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I've never liked shared cycle paths and much prefer to ride on
the road. But it has to be said that cycling on the road instead
of an off road cycle path results in a lot of abuse from
motorists.
#Post#: 22200--------------------------------------------------
Re: Grey conviction quashed
DIR By: Southpaw82
Date: May 12, 2024, 3:10 pm
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--- Quote from: tonys link ---
>
> I've never liked shared cycle paths and much prefer to ride on
the road. But it has to be said that cycling on the road instead
of an off road cycle path results in a lot of abuse from
motorists.
>
--- End Quote ---
I understand that the council have said that it was not a shared
use path.
#Post#: 22204--------------------------------------------------
Re: Grey conviction quashed
DIR By: sparx
Date: May 12, 2024, 4:06 pm
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I completely disagree with cyclists (adults... maybe older
teenagers) using non-shared paths. Even shared paths are fraught
with danger when the pedestrians have to cross the cycle bit (to
both peds, and cyclists, as neither sometimes look correctly).
This becomes even more dangerous when you bring e-bikes into the
equation, plus the illegal use of e-scooters. I also believe the
conditioning caused by cyclists continuing to use footpaths,
instead of the roads, makes the average driver even more annoyed
when cyclists are properly using the road, although don't get me
started on the cyclists that refuse to use a perfectly good
cycle path on a straight road with no junctions...
I also agree with SP and the appeal outcome. Someone who has a
vision problem, and possibly some LD / cognitive impairment too
from the cerebral palsy, even if undiagnosed, who is then
surprised by a fast moving cyclist in their path is likely to
react with a surprise, gross reaction. Just like if I came up
behind you and shouted in your ear, I would expect to be clocked
by your body or arms.
#Post#: 22206--------------------------------------------------
Re: Grey conviction quashed
DIR By: ivanleo
Date: May 12, 2024, 4:23 pm
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"The judge's legal directions contained fundamental and material
misdirections of law", ouch.
#Post#: 22208--------------------------------------------------
Re: Grey conviction quashed
DIR By: Southpaw82
Date: May 12, 2024, 4:39 pm
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--- Quote from: cp8759 link ---
>
> "The judge's legal directions contained fundamental and
material misdirections of law", ouch.
>
--- End Quote ---
Failing to talk about the underlying offence in a case of
unlawful act manslaughter seems pretty fundamental. But then,
the prosecution didn’t address it either.
#Post#: 22214--------------------------------------------------
Re: Grey conviction quashed
DIR By: ivanleo
Date: May 12, 2024, 5:02 pm
---------------------------------------------------------
--- Quote from: Southpaw82 link ---
>
> [quote author=cp8759 link=topic=1868.msg22206#msg22206
date=1715548992]
> "The judge's legal directions contained fundamental and
material misdirections of law", ouch.
>
--- End Quote ---
Failing to talk about the underlying offence in a case of
unlawful act manslaughter seems pretty fundamental. But then,
the prosecution didn’t address it either.
[/quote]
Isn't this the sort of thing you'd expect an experienced Crown
Court judge to raise himself with the prosecution?
#Post#: 22230--------------------------------------------------
Re: Grey conviction quashed
DIR By: Southpaw82
Date: May 12, 2024, 6:35 pm
---------------------------------------------------------
--- Quote from: cp8759 link ---
>
> [quote author=Southpaw82 link=topic=1868.msg22208#msg22208
date=1715549988]
> [quote author=cp8759 link=topic=1868.msg22206#msg22206
date=1715548992]
> "The judge's legal directions contained fundamental and
material misdirections of law", ouch.
>
--- End Quote ---
Failing to talk about the underlying offence in a case of
unlawful act manslaughter seems pretty fundamental. But then,
the prosecution didn’t address it either.
[/quote]
Isn't this the sort of thing you'd expect an experienced Crown
Court judge to raise himself with the prosecution?
[/quote]
I would.
#Post#: 22241--------------------------------------------------
Re: Grey conviction quashed
DIR By: The Rookie
Date: May 13, 2024, 2:50 am
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--- Quote from: Southpaw82 link ---
>
> [quote author=tonys link=topic=1868.msg22197#msg22197
date=1715544264]
> I've never liked shared cycle paths and much prefer to ride on
the road. But it has to be said that cycling on the road instead
of an off road cycle path results in a lot of abuse from
motorists.
>
--- End Quote ---
I understand that the council have said that it was not a shared
use path.
[/quote]
The evidence at trial is that while it was not a shared use
path, the signage was such from a shared use path further along
the street that it caused confusion whether or not were the
incident happened it was shared use or not.
I have this issue locally where there is no 'end of shared use'
signage at the end of a number of shared use paths, you only
know shared use has ended by the absence of repeaters.
That said I rarely use shared use paths as they are only safe to
use at much lower speeds than I typically cycle at and the one
that should be safer at higher speeds (fully segregated pavement
markings and a circa 4m wide pavement) the peds ignore the
segregation and walk in the dedicated cycle path.
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