19 May 2023 , 14:21
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A pedestrian who aggressively waved a cyclist into incoming car has lost a bid to appeal against her three-year sentence for manslaughter.
CCTV footage showed Auriol Grey, 49, shouting at retired midwife Celia Ward to "get off the f****** pavement" in Huntingdon, Cambridgeshire, causing her to fall into the road.
Mrs Ward, 77, from Cambridgeshire died after she was struck by a vehicle on October 20, 2020.
Grey, who has cerebral palsy and partial blindness, denied manslaughter but was found guilty after a retrial at Peterborough Crown Court.
Consequently, Grey was jailed for three years in March.
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But at a Court of Appeal hearing in London on Friday, 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.
Auriol Grey arriving at Peterborough Crown Court, Cambridgeshire, on Thursday March 2, 2023, for sentencing for the manslaughter of 77-year-old cyclist who had 'angered' her by being on the pavement (PA)
Video grab of the moment Auriol Grey confronted cyclist Celia Ward, causing her to fall into the road and get hit by a car (Cambridgeshire Police / SWNS)Mr Justice Griffiths, sitting with Lord Justice William Davis and Judge Neil Flewitt, refused to grant permission for Grey to appeal against her sentence, and went on to conclude that it was "not arguably manifestly excessive".
The judges expressed their condolences to Mrs Ward's family, with Mr Justice Griffiths 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."
He said the sentence which was passed onto Grey "had to mark the gravity of the unlawful killing," while taking into account mitigating factors - such as Grey's disabilities.
In representing Grey in the "very unusual case", Miranda Moore KC earlier told the court that a suspended sentence would have been "appropriate".
Auriol Grey sitting through police questioning. Grey first claimed she’d just told Mrs Ward to 'slow down' prior to the horror crash. But in fact, Grey shouted an expletive and gestured with her hands at the retired midwife, just seconds before her fatal accident (CPS / SWNS)
A video shown to Peterborough Crown Court captured the moment Grey shouted at Mrs Ward to 'get off the [expletive] pavement' (Cambridgeshire Police / SWNS)The court heard that the issue of autism "only raised its head" after Grey's sentencing.
And a subsequent psychologist report placed her within the "autism spectrum" - saying she had a "limited understanding of her own emotions".
Ms Moore said autism can give someone "fixed views" and that an autistic person does not like people being close to them, adding: "This was a lady being sentenced as an aggressive and territorial pavement user and it was her aggression and territoriality which made her behave in the way that she did.
"Having read this report with her diagnosis that is so much more understandable."
She also said criticisms of Grey for "showing no empathy", "leaving the scene" and over what she said to police were "less than fair... knowing what we know now".
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The court heard that the issue of autism 'only raised its head' after Grey's sentencing (PA)Ms Moore also challenged the way Grey's sentenced was calculated, including the judge's findings over evidence in the case and the weight given to mitigating factors.
But prosecutor Simon Spence KC, said the sentencing judge had applied legal guidelines "entirely properly", and argued that the new psychologist report did not reduce Grey's culpability.
Following this, Mr Justice Griffiths rejected Grey's appeal arguments but noted she had expressed remorse for her offence and never intended to cause harm.
Justice Griffiths said: "The judge placed very strong emphasis on the applicant's (Grey's) disabilities and their effect on her as mitigating features.
"We do not consider that the recent psychology report calls for a greater reduction than was already given in this respect by the judge."
Judge Sean Enright, sentencing Grey, of Huntingdon, previously said her actions were "not explained by disability".
In a statement released through police after Grey was sentenced, Mrs Ward's widower David Ward described his wife as 'kind, calm, careful, cheerful and competent' (PA)He added that the pavement was 2.4 metres wide at the relevant point.
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 that "her untimely death has turned our world on its head".
Speaking after Friday's hearing, Ms Moore told reporters: "The law of manslaughter needs to change because the perception of risk does not cater for people who are mentally challenged as Auriol is."