Families’ anger over fatal crash sentence reduction
COURT BRANDED ‘A DISGRACE’ AFTER KILLER OF THREE TEENS HAS TIME IN JAIL CUT
FRIENDS and families of three teenage boys killed by a speeding drunk driver – who lost control in Hayes – have labelled one of the highest courts in the land a “disgrace”.
Harry Louis Rice, 17, George Toby Wilkinson, 16, and Josh McGuinness, 16, died instantly in Shepiston Lane on January 26 last year when Audi driver Jaynesh Chudasama collided with them.
The Court of Appeal decided to cut Chudasama’s sentence, handed down last March, from 13 years to 10-and-ahalf years on Friday December 21.
One of the boy’s mums appeared to catch wind of the impending judgement just before proceedings were set to begin and furiously walked into the public gallery to tell other waiting relatives and friends.
Judge Sir Brian Leveson, the President of the Queen’s Bench and one of the country’s top judges, tried to begin but was shouted down by the public gallery. This started half an hour of angry chants and accusations from the public before the hearing was moved to the next door courtroom without them knowing.
Lord Justice Leveson read out his ruling that the sentencing judge was wrong to put the starting point at a maximum of 20 years and six months. This sentence was not given because it was cut to 13 years as the judge took into account Chudasama’s guilty plea.
While making deliberations, the sentencing judge should have used a maximum sentence of 14 years, Judge Leveson said, and a discount of 25% is allowed for his guilty plea. This reduces the sentence to 10-anda-half years.
After the judge left the court, friends and relatives burst in and stood at the doorway, shouting “it’s an utter disgrace”.
One man slammed his hand down on a bench and demanded to know what the new sentence was. Another said: “Open your eyes, it could be your kids”.
Chudasama was two-and-a-half times over the legal blood alcohol limit and had been smoking cannabis earlier in the day before he lost control of his Audi A5 and ploughed into the three teenagers.
That night, Harry, George and Josh had been walking to a 16th birthday party at Goals Hayes in Shepiston Lane. Chudasama had been driving a friend home from an Uxbridge skate park when he tried to overtake a car on a corner at speed.
He lost control while driving 71mph in a 60mph limit and hit the boys, who were walking along a narrow footpath.
George, an electrical apprentice, was thrown into the road with such force that he died instantly from head and neck trauma. Josh was thrown over a fence and died instantly from head and neck injuries.
Harry, a semi-professional footballer, was carried on the car’s bonnet and pinned against a wall, which collapsed, crushing him, and he died almost instantly.
Chudasama and his passenger attempted to flee the scene but the friends of the boys grabbed hold of Chudasama until police arrived.
Judge Wendy Joseph gave the original sentence of three concurrent 13-year prison sentences. There are three levels of seriousness when it comes to causing death by dangerous driving and Judge Joseph said “it is not in dispute” this case falls into the most serious level.
This gives the starting point for jail time at between seven and 14 years. For each death this could, in theory, add up to many more years – if the guidelines based sentencing on each death. But the law does not allow for consecutive sentences to simply be the adding up of the three terms.
The judge said at the original sentencing: “I am required to base the final figure or totality upon the single act of driving. Being as faithful as I can to all the guidelines, I arrive at a figure of 20 years and six months’ imprisonment as a total for the three offences.
“From that I must then make allowance for mitigation and plea. For his personal mitigation, I would reduce the sentence to 19 years and six months. From that I must deduct the one-third credit for his guilty pleas, which would reduce the total sentence to one of 13 years.”