>> However the BBC report says the neither the Police nor the Highway
>> Authority were able to say with any certainty whether or not that bit of footway
>> was shared use.
>>
...I suspect they were covering their backsides whilst going back through definitive documentation.
It would appear not to be signed as shared space (or indeed appropriate for it), but the other side of the road, or at least parts of it, in the immediate vicinity is.
I think it's a safe, if somewhat unsatisfactory, verdict. Sentence is a matter for the judge within guidelines, and usually affected by the conduct of/in the trial.
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