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It's the fact it had to go to appeal because it was dismissed in the first place.
"So, driving your car you knocked someone over who was walking over a pedestrian crossing."
"Yes."
"Were there any mitigating circumstances?"
"Yes, they were pushing a bicycle at the time."
"Oh, that's ok then. No case to answer for. Dismissed."
What's your point here, given that it was exactly this judgement which was overturned on appeal with the following?
"a person who is walking across a pedestrian crossing *443 pushing a bicycle, having started on the pavement on one side on her feet and not on the bicycle, and going across pushing the bicycle with both feet on the ground so to speak is clearly a ‘foot passenger'."