The Court of Appeal ruled that Ms Grey’s conviction for unlawful manslaughter was to be overturned. Ms Grey was convicted of the offence last year after a retrial and was sentenced to three years imprisonment.
In 2020 the deceased was cycling on the pavement in the direction towards Ms Grey. It was alleged that Ms Grey gesticulated towards the deceased swearing at her and telling her to get off the pavement. The deceased then fell from her bike into traffic which resulted in her death.
In order to be convicted of unlawful manslaughter it must be proven:
- That there was an intentional act
- That the intentional act was 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
When considering the grounds of appeal the Court of Appeal ruled that the jury were not asked ‘whether a base offence was established’ and that it was 'inconceivable that the appellant would have been charged with assault’ if the deceased had not passed away.
During the trial the prosecution’s barrister described Ms Grey’s actions as ‘hostile gesticulation.’ The prosecution during the hearing at the Court of Appeal conceded that the ‘base offence was not identified by name.’ The Court of Appeal therefore quashed the conviction and a request by the prosecution for a re-trial was refused.
The case highlights that despite being convicted of an offence successful grounds of appeal can be lodged due to a judge’s misdirection as to the law.
Correna Platt heads the crime department and specialises in appealing the most serious offences having successfully appealed; murder, sexual offence, possession with intent to supply convictions. Our crime department have been awarded tier one ranking, the highest, for their criminal defence work in the Legal 500 for the ninth consecutive year. If you are concerned about a family member or friend’s Crown Court conviction please do not hesitate to contact the team on 0161 696 6188 or complete our online enquiry form.
By Faye Dutson, criminal defence and appeals team
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