A DANGEROUS driver who killed a man when he smashed into his car as he overtook a line of traffic, escaped having his 14-month jail term increased by judges at the Court of Appeal on Wednesday.
In February, Richard Smith, 25, of Lumley Square, Skegness, admitted causing the death of 55-year-old Geoffrey Holmes of Bilborough in Nottingham by dangerous driving on a bend on the A17 at RAF Cranwell on April 4, last year.
Lawyers representing
the Solicitor General, Vera Baird QC, appeared at the Court of Appeal, where they argued that the term handed to Smith at Lincoln Crown Court was ‘unduly lenient’.
But lawyers for Smith argued that the sentence was too severe and that he could have been dealt with by way of a suspended term because of his remorse and ‘positive good character’.
Dismissing both cases, appeal judge Lord Justice Hooper said that, although the sentence was lenient, the fact that Smith had already been dealt with and given a release date meant it would be unfair to sentence him again.
He said: “"We take the view that 14 months' imprisonment was lenient - if not on the threshold of unduly lenient - but, taking into account 'double jeopardy', we have taken the view that it would be wrong to interfere with the sentence."
Smith was driving home from a shopping trip with his wife and baby daughter, following another car in a line of traffic, including two large lorries.
When the other car pulled out to overtake, he followed, thinking that there was only one heavy goods vehicle in front.
Realising an accident was imminent, he attempted to take evasive action, causing his car to leave the road, catapult in the air and land on the roof of Mr and Mrs Holmes' Vauxhall Cavalier.
The full article contains 308 words and appears in Sleaford Standard newspaper.