Auriol Grey, whose actions led to the death of a cyclist after she gesticulated and swore at her, has lost her appeal against her prison sentence. CCTV footage showed Grey shouting at retired midwife Celia Ward to "get off the f****** pavement" in Huntingdon, Cambridgeshire, leading to her falling into the road.
Mrs Ward, 77, of Wyton, Cambridgeshire, died after she was struck by a car on October 20, 2020. Grey, who has cerebral palsy, denied manslaughter but was found guilty following a retrial at Peterborough Crown Court.
Grey was sentenced to three years in prison but appealed the sentence. However, Court of Appeal judges have dismissed her application for leave to appeal.
Miranda Moore KC, representing Grey, who has cerebral palsy and is partially blind, argued that the sentence was "excessive" and the diagnosis may have made a difference in her case. A report paid for by Grey's family also found an autism diagnosis.
However, appeal judges said Mrs Ward and Grey collided following the latter's actions and said the sentence was not 'arguably manifestly excessive'.
The judge at the original trial said her actions were "not explained by disability" as he handed her a three-year prison term.
He added that Grey had no mental disorder or learning difficulties and the pavement was 2.4 metres wide at the relevant point, describing it as a "shared path on the ring road".
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He told Grey: "You have not expressed a word about remorse until the pre-sentencing notes. I accept the explanation from the counsel and that the difficulty you would face in custody and afterwards are considerable."
He added that Grey had no mental disorder or learning difficulties and the pavement was 2.4 metres wide at the relevant point, describing it as a "shared path on the ring road".
The defendant was described as "childlike" in a probation report and that she "does not pose an ongoing risk to the community".
