Drug driver loses court bid to cut his prison term
ACOCAINE-FUELLED driver who caused an horrific car smash in “appalling conditions” lost an appeal against his jail term.
Luke Disley, 28, was on a cocktail of drugs when he smashed into a Toyota on the wrong side of the A5, near Capel Curig, in north Wales’ Ogwen Valley.
Disley, of Altcar Lane, Ormskirk, had drugs including cocaine in his system when he lost control on a bend in February last year. The other driver, Llyr ap Glyn, had to be cut free from the wreckage by firefighters and suffered broken ribs, fractures and internal injuries.
Disley admitted causing serious injury by dangerous driving and driving under the influence of drugs and was jailed at Caernarfon Crown Court in October.
His lawyers appealed against his twoyear sentence, but Lady Justice Thirlwall, Mr Justice Green and Judge Anthony Leonard QC rejected his pleas.
Mr Justice Green said the sentence which Disley received was not “manifestly excessive” for the “serious offence”.
His barrister, Gareth Roberts, told the Court of Appeal that Disley had taken drugs while celebrating his birthday on the night before the early morning smash.
The road was winding and narrow and conditions were “appalling” when he approached the bend in his Astra and collided with the Toyota.
Mr Roberts said Disley had shown genuine remorse for what he did and the victim of his driving had “forgiven” him.
He said: “He accepts and is profoundly ashamed of the way he acted that morning and knows his driving was significantly aggravated by the drugs.”
Mr Roberts argued that Disley had not been given enough credit for mitigating features of his case, including his recognition that he had a drug problem.
But Mr Justice Green said: “We can commend him for his efforts to address his drug problems, but we are unable on this appeal to accept the submissions.
“This was a serious offence. It is pure luck he did not come to be tried for causing death by dangerous driving.
“It is true the injuries to the victim could have been worse, but they were nonetheless serious.
“On the plus side, he did show genuine remorse, but ultimately we consider this sentence was squarely within the discretion of the judge.”
The appeal was dismissed and the two-year term upheld.