The court does not decide the charge that is brought. That is the job of the CPS. The CPS will have decided that there was insufficient evidence to prosecute on a more serious charge. Also the speed of the motorcyclist is not a factor in whether the cyclist was cycling dangerously or just carelessly.
But it could have been a mitigating factor the judge would have to take into consideration in sentencing. If he'd have been in a car and the charge was dangerous driving he'd have served time. Maybe there isn't a law that covers causing a death while cycling, hence the 'without reason consideration ' charge?
There are at least two: both manslaughter and the old one about "wanton and furious". So I doubt that's the reason. There's probably more to it than reported so far. Wait for the full court report?
Should we just say that? Shouldn't we also prosecute the inattention and also look to design roads so that a mistake probably isn't a death sentence for someone?
Manslaughter is obviously not applicable to road traffic offences. He wasn't going furiously,
Section 35 of the Offences against the Person Act 1861 does not require both wanton and furious. Either will do, or the accused can have been racing, or "other wilful misconduct" as long as bodily harm was done. I'm 90% sure it could have been charged if there weren't some special circumstances not yet posted.
