3. Grey conviction quashed
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Grey conviction quashed
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Court of Appeal judgment

I said it was wrong then and it’s wrong now. She should never have been convicted, let alone imprisoned.
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I am not qualified to give legal advice in the UK. While I will do my best to help you, you should not rely on my advice as if it was given by a lawyer qualified in the UK.

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Re: Grey conviction quashed
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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.
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Re: Grey conviction quashed
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Quote from: tonys on May 12, 2024, 09:04:24 pm
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.

I understand that the council have said that it was not a shared use path.
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I am not qualified to give legal advice in the UK. While I will do my best to help you, you should not rely on my advice as if it was given by a lawyer qualified in the UK.
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Re: Grey conviction quashed
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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.
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Re: Grey conviction quashed
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"The judge's legal directions contained fundamental and material misdirections of law", ouch.
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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
Re: Grey conviction quashed
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Quote from: cp8759 on May 12, 2024, 10:23:12 pm
"The judge's legal directions contained fundamental and material misdirections of law", ouch.

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.
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I am not qualified to give legal advice in the UK. While I will do my best to help you, you should not rely on my advice as if it was given by a lawyer qualified in the UK.
Re: Grey conviction quashed
« Reply #6 on: »
Quote from: Southpaw82 on May 12, 2024, 10:39:48 pm
Quote from: cp8759 on May 12, 2024, 10:23:12 pm
"The judge's legal directions contained fundamental and material misdirections of law", ouch.

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.
Isn't this the sort of thing you'd expect an experienced Crown Court judge to raise himself with the prosecution?
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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
Re: Grey conviction quashed
« Reply #7 on: »
Quote from: cp8759 on May 12, 2024, 11:02:40 pm
Quote from: Southpaw82 on May 12, 2024, 10:39:48 pm
Quote from: cp8759 on May 12, 2024, 10:23:12 pm
"The judge's legal directions contained fundamental and material misdirections of law", ouch.

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.
Isn't this the sort of thing you'd expect an experienced Crown Court judge to raise himself with the prosecution?

I would.
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I am not qualified to give legal advice in the UK. While I will do my best to help you, you should not rely on my advice as if it was given by a lawyer qualified in the UK.
Re: Grey conviction quashed
« Reply #8 on: »
Quote from: Southpaw82 on May 12, 2024, 09:10:02 pm
Quote from: tonys on May 12, 2024, 09:04:24 pm
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.

I understand that the council have said that it was not a shared use path.
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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There are motorists who have been scammed and those who are yet to be scammed!
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