A tragic case or a deserved sentence?

Was a prison sentence justified in this case?

  • Yes

    Votes: 56 56.6%

  • No

    Votes: 43 43.4%
  • Total voters
    99
newusername said:
Unlawful act manslaughter doesn't require criminal intent.
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You are correct, I didn't check what the charge was.

However for the charge you highlight 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.

I may have been a bit legalistic but the element of intent is still there even if it was not criminal. I welcome your correction.
 
Millbrook said:
You are correct, I didn't check what the charge was.

However for the charge you highlight 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.

I may have been a bit legalistic but the element of intent is still there even if it was not criminal. I welcome your correction.
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A KC writes:
https://twitter.com/x/status/1788273403973005345
 
SalfordBoro said:
There are two victims here. The lady who died and the driver who unintentionally killed the cyclist. How must they be thinking after running over cyclist they have to live with that for a very long time probably the rest of their lives.
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Exactly this.
The poor woman will have this on her consciounce for the rest of her days, even though she is completely blameless.
 
Martin Porter KC is very pro cyclists and it is significant that he says;

'if a pedestrian lashes out aggressively at me'

when that was not proven or alleged in the case.
 
newyddion said:
There was no need for her reaction and whilst the sentence may seem over the top.. so is losing your life after riding a bike on a shared cycle path.

3 years to think about not being a complete pillock to people.
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Shared cycle path? Was it a shared cycle path?
 
It just seems the prosecution has used the term lashing out aggressively and it hasn't been challenged by the original trial judge, the appeal judge even the defence l, the press or elsewhere, if you watch that video, l see her shooting out her arm repeatedly, if you know about her condition then I don't get how it's gone so far without the term vulnerable adult being included into considerations. This link to the NHS and their page on CP gives a general overview of it https://www.nhs.uk/conditions/cerebral-palsy/symptoms/
As to the other claims of her being callous etc, I work with vulnerable adults and unfortunately for many people in that area of diagnosis, it's not particularly a form of callousness etc that is being displayed but maybe the difficulties of their life and their social interaction skills.
 
The CPS and original trial judge have failed the defendant, for me. It was a tragic event, a coming together of an elderly cyclist and a woman with multiple disabilities on a pavement which has resulted in a loss of life.
 
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