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aus+uk / uk.rec.cycling / Pedestrian who scared cyclist into road loses bid to appeal manslaughter sentence

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* Pedestrian who scared cyclist into road loses bid to appealswldx...@gmail.com
+- Re: Pedestrian who scared cyclist into road loses bid toSpike
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|`- Re: Pedestrian who scared cyclist into road loses bid toBrian
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 `- Re: Pedestrian who scared cyclist into road loses bid to appealswldx...@gmail.com

1
Pedestrian who scared cyclist into road loses bid to appeal manslaughter sentence

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Subject: Pedestrian who scared cyclist into road loses bid to appeal
manslaughter sentence
From: swldxer1958@gmail.com (swldx...@gmail.com)
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 by: swldx...@gmail.com - Fri, 19 May 2023 11:38 UTC

A disabled woman who was jailed for shouting and waving aggressively at a cyclist who fell into the path of an oncoming car has lost her bid to appeal her sentence for manslaughter.

CCTV footage showed pedestrian Auriol Grey, 49, shout at retired midwife Celia Ward to "get off the f****** pavement" in Huntingdon, Cambridgeshire.

Grandmother Mrs Ward, 77, of Wyton, Cambridgeshire, died after she was struck by a car on 20 October 2020.

Grey, who has cerebral palsy, denied manslaughter but was found guilty following a retrial at Peterborough Crown Court and was jailed for three years in March.

At a Court of Appeal hearing in London, Grey's lawyer argued that the sentence was "excessive" and that an autism diagnosis secured after her trial may have made a difference in her case.

But Mr Justice Griffiths, sitting with Lord Justice William Davis and Judge Neil Flewitt, refused to grant permission for Grey to appeal against her sentence, concluding it was "not arguably manifestly excessive".

When Grey, of Huntingdon, was sentenced for manslaughter in March, Judge Sean Enright said her actions were "not explained by disability".

He said that Grey had no mental disorder or learning difficulties and he said the pavement was 2.4 metres wide at the relevant point, describing it as a "shared path on the ring road".

Miranda Moore KC, representing Grey at the crown court, said: "What happened took but a moment that has impacted on many."

She said that Grey's "present opinion is where the pavements are narrow the cyclists ... should cycle on the road".

"There was no intention to cause harm or an obvious risk of harm," she said.

She said witnesses had said that Grey "seemed childlike", that she was "partially blind" and that she lived in adapted special accommodation.

In a statement released through police after Grey was sentenced, Mrs Ward's widower David Ward said: "After 53 years of happy marriage, Celia was taken from me in a most horrific way, leaving me with my memories.

"She was kind, calm, careful, cheerful and competent in all that she did.

"Her death has caused me great suffering. We relied on each other, shared the same sense of humour and outlook on life, and enjoyed each other's company.

"I miss her terribly."

Her daughter Gillian Hayter added in a statement released through police: "Celia Ward was my mum, mother-in-law to my husband and much-loved grandmother to my son, but most importantly, the love of my father's life.

"Her untimely death has turned our world on its head and there isn't a day that goes by when I don't wish I could pick up the phone to ask her advice, celebrate the special events in our lives or just tell her how much I love her.

"It's easy to say how wonderful my mum was ... she was passionate about her family and always there to help and support us.

"She was of a generation that made and mended, kept a spotless house and always put others first.

"Her death has marred what should have been some of the most enjoyable timesfor us as a family.

"We can never forget the past two-and-a-half years, but it's now time to start remembering the wonderful memories and times we had with mum, and hopefully find some peace."

https://www.itv.com/news/anglia/2023-05-19/pedestrian-who-scared-cyclist-into-road-loses-manslaughter-appeal-bid

Re: Pedestrian who scared cyclist into road loses bid to appeal manslaughter sentence

<kcptjfFs6s3U1@mid.individual.net>

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From: Aero.Spike@mail.invalid (Spike)
Newsgroups: uk.rec.cycling
Subject: Re: Pedestrian who scared cyclist into road loses bid to
appeal manslaughter sentence
Date: 19 May 2023 18:31:11 GMT
Lines: 83
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 by: Spike - Fri, 19 May 2023 18:31 UTC

This illustration of justice (sic) is neatly paralleled with the news that
Hull is to put cycle lanes on pavements.

swldx...@gmail.com <swldxer1958@gmail.com> wrote:
> A disabled woman who was jailed for shouting and waving aggressively at a
> cyclist who fell into the path of an oncoming car has lost her bid to
> appeal her sentence for manslaughter.
>
> CCTV footage showed pedestrian Auriol Grey, 49, shout at retired midwife
> Celia Ward to "get off the f****** pavement" in Huntingdon, Cambridgeshire.
>
> Grandmother Mrs Ward, 77, of Wyton, Cambridgeshire, died after she was
> struck by a car on 20 October 2020.
>
> Grey, who has cerebral palsy, denied manslaughter but was found guilty
> following a retrial at Peterborough Crown Court and was jailed for three years in March.
>
> At a Court of Appeal hearing in London, Grey's lawyer argued that the
> sentence was "excessive" and that an autism diagnosis secured after her
> trial may have made a difference in her case.
>
> But Mr Justice Griffiths, sitting with Lord Justice William Davis and
> Judge Neil Flewitt, refused to grant permission for Grey to appeal
> against her sentence, concluding it was "not arguably manifestly excessive".
>
> When Grey, of Huntingdon, was sentenced for manslaughter in March, Judge
> Sean Enright said her actions were "not explained by disability".
>
> He said that Grey had no mental disorder or learning difficulties and he
> said the pavement was 2.4 metres wide at the relevant point, describing
> it as a "shared path on the ring road".
>
> Miranda Moore KC, representing Grey at the crown court, said: "What
> happened took but a moment that has impacted on many."
>
> She said that Grey's "present opinion is where the pavements are narrow
> the cyclists ... should cycle on the road".
>
> "There was no intention to cause harm or an obvious risk of harm," she said.
>
> She said witnesses had said that Grey "seemed childlike", that she was
> "partially blind" and that she lived in adapted special accommodation.
>
> In a statement released through police after Grey was sentenced, Mrs
> Ward's widower David Ward said: "After 53 years of happy marriage, Celia
> was taken from me in a most horrific way, leaving me with my memories.
>
> "She was kind, calm, careful, cheerful and competent in all that she did.
>
> "Her death has caused me great suffering. We relied on each other, shared
> the same sense of humour and outlook on life, and enjoyed each other's company.
>
> "I miss her terribly."
>
> Her daughter Gillian Hayter added in a statement released through police:
> "Celia Ward was my mum, mother-in-law to my husband and much-loved
> grandmother to my son, but most importantly, the love of my father's life.
>
> "Her untimely death has turned our world on its head and there isn't a
> day that goes by when I don't wish I could pick up the phone to ask her
> advice, celebrate the special events in our lives or just tell her how much I love her.
>
> "It's easy to say how wonderful my mum was ... she was passionate about
> her family and always there to help and support us.
>
> "She was of a generation that made and mended, kept a spotless house and
> always put others first.
>
> "Her death has marred what should have been some of the most enjoyable
> timesfor us as a family.
>
> "We can never forget the past two-and-a-half years, but it's now time to
> start remembering the wonderful memories and times we had with mum, and
> hopefully find some peace."
>
> https://www.itv.com/news/anglia/2023-05-19/pedestrian-who-scared-cyclist-into-road-loses-manslaughter-appeal-bid
>

--
Spike

Re: Pedestrian who scared cyclist into road loses bid to appeal manslaughter sentence

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Subject: Re: Pedestrian who scared cyclist into road loses bid to appeal
manslaughter sentence
From: swldxer1958@gmail.com (swldx...@gmail.com)
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 by: swldx...@gmail.com - Fri, 19 May 2023 18:35 UTC

QUOTE: "Her death has marred what should have been some of the most enjoyable timesfor us as a family.

"We can never forget the past two-and-a-half years, but it's now time to start remembering the wonderful memories and times we had with mum, and hopefully find some peace." ENDS

The killer now has plenty of time to think about the lives she has wrecked.

Re: Pedestrian who scared cyclist into road loses bid to appeal manslaughter sentence

<u4aric$142pi$1@dont-email.me>

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From: noinv@lid.org (Brian)
Newsgroups: uk.rec.cycling
Subject: Re: Pedestrian who scared cyclist into road loses bid to
appeal manslaughter sentence
Date: Sat, 20 May 2023 16:13:00 -0000 (UTC)
Organization: A noiseless patient Spider
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 by: Brian - Sat, 20 May 2023 16:13 UTC

swldx...@gmail.com <swldxer1958@gmail.com> wrote:
> QUOTE: "Her death has marred what should have been some of the most
> enjoyable timesfor us as a family.
>
> "We can never forget the past two-and-a-half years, but it's now time to
> start remembering the wonderful memories and times we had with mum, and
> hopefully find some peace." ENDS
>
> The killer now has plenty of time to think about the lives she has wrecked.
>

Cyclist was 100% responsible for not only her own death but destroying the
lives of the pedestrian and the driver.

Re: Pedestrian who scared cyclist into road loses bid to appeal manslaughter sentence

<c09ae210-2111-4381-aa7c-e8dceb8d58f3n@googlegroups.com>

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Subject: Re: Pedestrian who scared cyclist into road loses bid to appeal
manslaughter sentence
From: swldxer1958@gmail.com (swldx...@gmail.com)
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 by: swldx...@gmail.com - Sat, 20 May 2023 16:39 UTC

Auriol Grey, the pedestrian who caused a cyclist to fall into the path of an oncoming car, has lost a bid to appeal against her three-year sentence for manslaughter.

At a Court of Appeal hearing in London on Friday, Grey’s lawyer argued the sentence was “excessive”.

But judges refused to grant permission for Grey to appeal against her sentence, concluding it was “not arguably manifestly excessive”.

Here, Yahoo News UK explains who Grey is and the controversy surrounding her case.
Who is Auriol Grey?

Grey, 49, is the pedestrian who shouted and waved her arm aggressively at a cyclist, Celia Ward, on the pavement in Huntingdon, Cambridgeshire, in October 2020.

CCTV footage showed Grey shout at the retired midwife to “get off the f****** pavement” causing her to fall into the road. She died after being struck by a car. Ward’s widower, retired RAF pilot David Ward, said in a statement read to Peterborough Crown Court that the “clip of Celia’s last moments will haunt me forever”.

The driver of the car which collided with Ward, Carla Money, was with her two-year-old daughter at the time and said her life was “turned upside down” by what happened.
What happened to Auriol Grey?

Grey has cerebral palsy, is partially blind, suffers from cognitive issues and has been living in sheltered accommodation for most of her life.

She denied manslaughter but was found guilty following a retrial at Peterborough Crown Court. In March, she was subsequently jailed for three years. At that sentencing hearing, barrister Miranda Moore, mitigating for Grey, had said her opinion was “where the pavements are narrow the cyclists… should cycle on the road”.

“There was no intention to cause harm or an obvious risk of harm,” Moore added.

She said witnesses had said Grey “seemed childlike”, that she was “partially blind” and that she lived in adapted special accommodation.

Judge Sean Enright, however, said “these actions are not explained by disability”. He said Grey, of Huntingdon, had no mental disorder or learning difficulties and that the pavement was 2.4 metres wide at the relevant point, describing it as a “shared path on the ring road”.

During Friday’s Court of Appeal hearing, Grey’s lawyer argued the sentence was “excessive” and that an autism diagnosis secured after her trial may have made a difference in her case.

But Mr Justice Griffiths refused to grant permission for Grey to appeal against her sentence, concluding: “A blameless woman had been killed by the unlawful act of the applicant [Grey] with devastating impact upon the family she left behind and upon others, including the entirely blameless driver of the car.”
Why did it spark such controversy?

In March, disability campaigners and friends reacted with shock and anger at the sentence handed to Grey.

Fazilet Hadi, head of policy at Disability Rights UK, told MailOnline: “This was a really tragic incident, where Celia lost her life, and I feel sadness and sympathy for all involved. The sentence given to Auriol does seem extremely harsh.

"With the number of cyclists increasing, we need proper separation of pedestrians, cyclists and cars, so that we can all keep each other safe. Government and councils need to review guidance, to ensure safe streets."

This was a point of contention itself, with Cambridgeshire County Council saying of the path on which the incident occurred: “[We] cannot categorically say it is a shared use path as we could not find any legal records to evidence this.”

Det Sgt Mark Dollard, who investigated the case, said: “Everyone will have their own views of cyclists on pavements and cycleways.” Both Section 72 of the Highway Act 1835 and the Highway Code suggest it’s not legal for a cyclist to ride their bike on the pavement.

“But what is clear is Grey’s response to the presence of Celia on a pedal cycle was totally disproportionate and ultimately found to be unlawful, resulting in Celia’s untimely and needless death."

Speaking outside the Court of Appeal following the rejected appeal on Friday, Alisdair Luxmore, Grey’s brother-in-law, offered condolences to Ward’s family, adding: “Our actions today must diminish nothing from the suffering they’ve had to endure.”

But he said: “We don’t believe that prison is the right place for someone in Auriol’s circumstances and frankly it’s a complete waste of taxpayers’ money. It’s doing no benefit to society and really it’s difficult to understand the point of it.

“I think there are mitigating circumstances: her mental and her physical (conditions) and her eyesight. Those issues all taken together mean she acts in a certain way that’s different from everybody else and it appears the law doesn’t take account of that or allow for that.”

The Court of Appeal's final ruling was that "we do not consider that the recent psychology report calls for a greater reduction than was already given in this respect by the judge".

Re: Pedestrian who scared cyclist into road loses bid to appeal manslaughter sentence

<u4bdmt$166ij$1@dont-email.me>

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From: noinv@lid.org (Brian)
Newsgroups: uk.rec.cycling
Subject: Re: Pedestrian who scared cyclist into road loses bid to
appeal manslaughter sentence
Date: Sat, 20 May 2023 21:22:37 -0000 (UTC)
Organization: A noiseless patient Spider
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 by: Brian - Sat, 20 May 2023 21:22 UTC

swldx...@gmail.com <swldxer1958@gmail.com> wrote:
> Auriol Grey, the pedestrian who caused a cyclist to fall into the path of
> an oncoming car, has lost a bid to appeal against her three-year sentence for manslaughter.
>
> At a Court of Appeal hearing in London on Friday, Grey’s lawyer argued
> the sentence was “excessive”.
>
> But judges refused to grant permission for Grey to appeal against her
> sentence, concluding it was “not arguably manifestly excessive”.
>
> Here, Yahoo News UK explains who Grey is and the controversy surrounding her case.
> Who is Auriol Grey?
>
> Grey, 49, is the pedestrian who shouted and waved her arm aggressively at
> a cyclist, Celia Ward, on the pavement in Huntingdon, Cambridgeshire, in October 2020.
>
> CCTV footage showed Grey shout at the retired midwife to “get off the
> f****** pavement” causing her to fall into the road. She died after being
> struck by a car. Ward’s widower, retired RAF pilot David Ward, said in a
> statement read to Peterborough Crown Court that the “clip of Celia’s last
> moments will haunt me forever”.
>
> The driver of the car which collided with Ward, Carla Money, was with her
> two-year-old daughter at the time and said her life was “turned upside
> down” by what happened.
> What happened to Auriol Grey?
>
> Grey has cerebral palsy, is partially blind, suffers from cognitive
> issues and has been living in sheltered accommodation for most of her life.
>
> She denied manslaughter but was found guilty following a retrial at
> Peterborough Crown Court. In March, she was subsequently jailed for three
> years. At that sentencing hearing, barrister Miranda Moore, mitigating
> for Grey, had said her opinion was “where the pavements are narrow the
> cyclists… should cycle on the road”.
>
> “There was no intention to cause harm or an obvious risk of harm,” Moore added.
>
> She said witnesses had said Grey “seemed childlike”, that she was
> “partially blind” and that she lived in adapted special accommodation.
>
> Judge Sean Enright, however, said “these actions are not explained by
> disability”. He said Grey, of Huntingdon, had no mental disorder or
> learning difficulties and that the pavement was 2.4 metres wide at the
> relevant point, describing it as a “shared path on the ring road”.
>
> During Friday’s Court of Appeal hearing, Grey’s lawyer argued the
> sentence was “excessive” and that an autism diagnosis secured after her
> trial may have made a difference in her case.
>
> But Mr Justice Griffiths refused to grant permission for Grey to appeal
> against her sentence, concluding: “A blameless woman had been killed by
> the unlawful act of the applicant [Grey] with devastating impact upon the
> family she left behind and upon others, including the entirely blameless
> driver of the car.”
> Why did it spark such controversy?
>
> In March, disability campaigners and friends reacted with shock and anger
> at the sentence handed to Grey.
>
> Fazilet Hadi, head of policy at Disability Rights UK, told MailOnline:
> “This was a really tragic incident, where Celia lost her life, and I feel
> sadness and sympathy for all involved. The sentence given to Auriol does
> seem extremely harsh.
>
> "With the number of cyclists increasing, we need proper separation of
> pedestrians, cyclists and cars, so that we can all keep each other safe.
> Government and councils need to review guidance, to ensure safe streets."
>
> This was a point of contention itself, with Cambridgeshire County Council
> saying of the path on which the incident occurred: “[We] cannot
> categorically say it is a shared use path as we could not find any legal
> records to evidence this.”
>
> Det Sgt Mark Dollard, who investigated the case, said: “Everyone will
> have their own views of cyclists on pavements and cycleways.” Both
> Section 72 of the Highway Act 1835 and the Highway Code suggest it’s not
> legal for a cyclist to ride their bike on the pavement.
>
> “But what is clear is Grey’s response to the presence of Celia on a pedal
> cycle was totally disproportionate and ultimately found to be unlawful,
> resulting in Celia’s untimely and needless death."
>
>

An admission by the police the cyclist was breaking the law and therefore
100% responsible for her own death.

Ms Grey should be released immediately and is due substantial compensation
from the cyclist’s estate and the police.

Re: Pedestrian who scared cyclist into road loses bid to appeal manslaughter sentence

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Subject: Re: Pedestrian who scared cyclist into road loses bid to appeal
manslaughter sentence
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 by: swldx...@gmail.com - Sun, 21 May 2023 05:11 UTC

QUOTE
> Auriol Grey, the pedestrian who caused a cyclist to fall into the path of an oncoming car, has lost a bid to appeal against her three-year sentence for manslaughter. ENDS

It would have been perfect if Mr Arsehole had been representing her in court. :-)
Two for the price of one.

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