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Jailed for manslaughter

(107 Posts)
Jaffacake2 Thu 02-Mar-23 17:24:16

Interested to know other opinions on the case in the news of the woman who has been jailed for 3 years for manslaughter following the death of a cyclist. She has cerebral palsy and was walking along the pavement when a cyclist came towards her. She gestured with her arm and said to " get off the f.... ing pavement " The cyclist swerved and fell into oncoming traffic and sadly died. The pedestrian who also has cognitive issues has been jailed for manslaughter.
On the video it does not appear to be a wide path with a designated cycle section.
I get very frustrated by cyclists on pavements as I have balance problems and reduced hearing. I become nervous and worry that I will be knocked over.
What does everyone think of this tragic case ?

Germanshepherdsmum Fri 03-Mar-23 09:34:31

It always amazes me that people criticise judgements and sentences without having heard all the evidence or the judge’s explanation for the sentence. They read some edited highlights in a newspaper (or on social media) and think they know every nuance of the case. They don’t.

ronib Fri 03-Mar-23 09:39:42

I have just looked at ctv of the incident online. The pedestrian looks to be quite a large lady who seems to need the whole width of the footpath. The cyclist is coming towards her and the pedestrian is waving her arms presumably to dissuade her. For a partially sighted person this must be alarming.

I did try to access the judgment online but don’t have access. If anyone does, it would be interesting to see how justice was administered.

Blondiescot Fri 03-Mar-23 09:40:28

Germanshepherdsmum

It always amazes me that people criticise judgements and sentences without having heard all the evidence or the judge’s explanation for the sentence. They read some edited highlights in a newspaper (or on social media) and think they know every nuance of the case. They don’t.

Having sat through more court cases during my working life than I care to remember, I totally agree with you there.

Callistemon21 Fri 03-Mar-23 09:45:58

mumofmadboys

Such a sad case for all concerned

I agree.

It was apparently a shared pavement for pedestrians and cyclists.
My views are that pavements should be for pedestrians and cycles, electric scooters etc have no place where pedestrians are walking.

It didn't look particularly wide and there were posts along the pavement too.

I don't know if the cyclist was approaching the pedestrian or came up behind her, but cyclists approach so fast and so quietly that they take pedestrians unawares.
She came towards her, the pedestrian gesticulated, waving her arms and shouted. It surely must have been better to have stopped, stepped to one side and allowed the cyclist to go past.

The sentence does seem harsh but other factors were taken into account I think.

fancythat Fri 03-Mar-23 10:42:07

Cambridgshire County Council says

"We cannot categorically say it is a shared use path as we could not find any legal records to evidence this. "

Shelflife Fri 03-Mar-23 10:52:20

Obviously I don't know the full details of this sad case . However my initial reaction was that a prison scentence was a very harsh punishment. Was this manslaughter? I am not sure but neither am I qualified to pass judgement it's just my initial reaction.

Germanshepherdsmum Fri 03-Mar-23 11:25:57

If a court has decided it’s manslaughter that’s good enough for me.

crazyH Fri 03-Mar-23 11:30:56

Watch the last 2 seconds of the video, that’s all I’m saying ….

JaneJudge Fri 03-Mar-23 12:07:20

I have watched the video and the incident was quick and the pedestrian didn't touch the cyclist who appears to to try to stop but just veers into the road. It must be bloody awful for her family that the video is being shown at all, let alone in all the online newspapers. I hope they find closure from the sentencing.

Wrt the pedestrians cognitive impairment, it could explain the lack of empathy and remorse. I hope she will be suitably housed somewhere that will meet her needs as she will be vulnerable in prison.

Fleurpepper Fri 03-Mar-23 12:27:53

2.4 metres is about 8'- you'd have to be a ginormous to feel there was no space for both.

JaneJudge Fri 03-Mar-23 12:33:27

crazyH

Watch the last 2 seconds of the video, that’s all I’m saying ….

I apologise for saying she doesn't touch her as it looks like she does on the full video.

lemsip Fri 03-Mar-23 12:36:54

she pushed her! she didn't mean to kill her but actions have consequences!

Stormystar Fri 03-Mar-23 14:50:50

Such a tragedy, my compassion goes to all involved. A fear reaction from the lady partially sighted and cognitively impaired to a lady heading towards her on a bicycle, maybe unaware the pavement is legally shared by bicycles - although this point is unclear from the police and the council if it is. The effect on the lady driver, all adds up to a terribly unfortunate tragic accident, and I see absolutely no purpose in a prison sentence.

ronib Fri 03-Mar-23 14:52:44

Fleurpepper

2.4 metres is about 8'- you'd have to be a ginormous to feel there was no space for both.

It’s possible to suffer from spatial awareness problems and so I hope an expert was asked to assess the defendant. In addition to partial sight, I think it’s clear that walking on a pavement was problematic for the defendant.

I knew a person from a farm who had problems negotiating space on London pavements. It does happen.

Grantanow Sat 04-Mar-23 10:36:20

This is a very sad affair for those involved and to my mind an uncomfortable judgment which should be reviewed at appeal. There seems to be some doubt about the pavement being properly designated for both cyclist and pedestrians in terms of its width.

I am not supportive of shared pavements having been shouted at with obscenities by cyclists in London some of whom seem to think the rules - red traffic lights, zebra crossing priority - don't apply to them. I think cyclists should be clearly identifiable for enforcement purposes.

Callistemon21 Sat 04-Mar-23 10:43:29

This is a very sad affair for those involved and to my mind an uncomfortable judgment which should be reviewed at appeal. There seems to be some doubt about the pavement being properly designated for both cyclist and pedestrians in terms of its width

I agree Grantanow, very sad all round.

However, notwithstanding why she did this, the pedestrian must have been aware of the consequences of her actions but just blithely carried on as if nothing had happened.

From the video it appears that she pushed the cyclist.

Leaving the scene was unforgivable.

JaneJudge Sat 04-Mar-23 13:04:52

Callistemon, it says in the reports that she is cognitively impaired and the fact she has shown no empathy could be because of this. We don't need to know her medical history or mental capacity but it would explain how/why this happened and why she doesn't comprehend the enormity of what she has caused and cannot express regret. Maybe she required more support when out in the community but that would be a massive judgment for any of us to make without knowing more and about how her conditions presented.

pascal30 Sat 04-Mar-23 13:45:59

I agree with the judge in this case. It was a very busy road and the cyclist ex-midwife was 77 and therefore obviously used the pavement to cycle on.. There appears to have been plenty of space on the pavement and the yet the perpetrator walkedin the middle of the it and hit outat her causing her to be killed. and thus creating unknown trauma to the poor young driver. She has shown no remorse apparently

Callistemon21 Sat 04-Mar-23 13:50:26

JaneJudge

Callistemon, it says in the reports that she is cognitively impaired and the fact she has shown no empathy could be because of this. We don't need to know her medical history or mental capacity but it would explain how/why this happened and why she doesn't comprehend the enormity of what she has caused and cannot express regret. Maybe she required more support when out in the community but that would be a massive judgment for any of us to make without knowing more and about how her conditions presented.

Probably prison isn't going to help, is it.

Oreo Sat 04-Mar-23 13:59:28

TerriBull

First of all I thought it was illegal to ride a bike on the pavement, if that's not the case, as cars are expected to give priority to cyclists by giving them a very wide berth, I feel they, cyclists, should do the same when on the pavement as a curtesy to pedestrians, or if that's not possible dismount. Whilst I think the death of the cyclist was absolutely awful, given the woman coming towards her was disabled in several ways I can imagine she was alarmed and possibly didn't have the cognitive control that someone would have if they didn't suffer from her disabilities. Once again, the death of the cyclist was awful, but I fail to see what purpose a custodial sentence would serve in this case.

👏🏻👏🏻👏🏻
Having watched the video clip, the cyclist was very close to the woman on the path.It was not a painted designated cycle path just a pavement.
She shouted and gestured at the cyclist, who having passed her then wobbled into the road.Tragic all round.
She is partially sighted and has other health issues and lives in a unit for people with special needs and has been in sheltered housing for most of her life.
She may not have turned round but continued on her way to the supermarket, or just didn’t know what to do in that situation.
IMHO the judge in this case is an ass.
Cycling on pavements should be a no-no, and only on proper cycle paths, I’ve been nearly run down by one several times.
Makes you think hey? If you shout at a cyclist and they wobble into a road or a river you will be done for manslaughter.
Even if they are the one in the wrong of it.
I expect she will have her appeal upheld, prison is simply the wrong outcome.

Oreo Sat 04-Mar-23 14:01:49

Callistemon21

^This is a very sad affair for those involved and to my mind an uncomfortable judgment which should be reviewed at appeal. There seems to be some doubt about the pavement being properly designated for both cyclist and pedestrians in terms of its width^

I agree Grantanow, very sad all round.

However, notwithstanding why she did this, the pedestrian must have been aware of the consequences of her actions but just blithely carried on as if nothing had happened.

From the video it appears that she pushed the cyclist.

Leaving the scene was unforgivable.

She did not push or hit the cyclist, simply gestured.It’s in the report.

Oreo Sat 04-Mar-23 14:03:55

lemsip

she pushed her! she didn't mean to kill her but actions have consequences!

No she did not so just stop it, read the report.

Oreo Sat 04-Mar-23 14:04:41

Stormystar

Such a tragedy, my compassion goes to all involved. A fear reaction from the lady partially sighted and cognitively impaired to a lady heading towards her on a bicycle, maybe unaware the pavement is legally shared by bicycles - although this point is unclear from the police and the council if it is. The effect on the lady driver, all adds up to a terribly unfortunate tragic accident, and I see absolutely no purpose in a prison sentence.

This.

Oreo Sat 04-Mar-23 14:06:31

fancythat

Cambridgshire County Council says

"We cannot categorically say it is a shared use path as we could not find any legal records to evidence this. "

That’s what I read too.

JaneJudge Sat 04-Mar-23 14:06:42

Callistemon21

JaneJudge

Callistemon, it says in the reports that she is cognitively impaired and the fact she has shown no empathy could be because of this. We don't need to know her medical history or mental capacity but it would explain how/why this happened and why she doesn't comprehend the enormity of what she has caused and cannot express regret. Maybe she required more support when out in the community but that would be a massive judgment for any of us to make without knowing more and about how her conditions presented.

Probably prison isn't going to help, is it.

no but hopefully her sentence can be carried out in specialist provision (which does exist, thankfully) unfortunately people with additional needs that don;t quite reach thresholds for appropriate support are often let down like this. It's difficult because I don;t want to defend what ultimately caused another woman's death but if the offender was known to find certain situation challenging and was known to 'hit out' like this, then support should have been in place in the way of safeguarding to limit this happening. Sometimes that just means guiding someone to take a different route so they don't use shared pathways for example.