Double-death driver has sentence appeal rejected
ADANGEROUS driver who killed a father and his newborn son has had his appeal against sentence refused.
Kyle Kennedy, 30, of Harris Avenue, Rumney, Cardiff, was locked up for 12 years last July for the deaths of Simon Lewis and Simon Junior – unborn at the time of the Lamby Way crash – on New Year’s Eve 2015.
Christopher Rees, defending, told the appeal court at Cardiff Crown Court there were more serious cases that had resulted in similar sentences. He said: “My submission is that the starting point of 12 years in the circumstances was too long and I don’t think I can expand on the submission any further than that.”
Mrs Justice Nicola Davies upheld the sentence imposed by Judge Paul Thomas QC.
She said: “In sentencing the judge said it was [Kennedy’s] prerogative to plead not guilty in what the judge considered to be overwhelming evidence.”
Kennedy had denied two counts of causing death by dangerous driving but was found guilty by a jury.
She said Judge Thomas QC had described his driving as exceeding 70mph on unsuitable roads.
“The judge found it was over a long distance, persistent and deliberately aggressive, a type of driving the applicant had performed before,” Mrs Justice Davies said.
Upon conviction it emerged Kennedy was banned from driving at the time of the crash and had a string of previous convictions – including for trying to run down a policeman with a motorcycle.
His trial was also told he had taken his girlfriend’s Peugeot without consent.
Mr Lewis had been in his car with his pregnant wife Amanda and three-year-old daughter when Kennedy hit them.
Mrs Lewis was taken to hospital and underwent an emergency Caesarean section. Simon Junior died three days later.
Mrs Justice Davies did “not agree” the sentence was too long.
“The appellant’s driving involved driving at speed, his driving put at risk all those in the oncoming vehicle.”
She said it would have been reasonable to assume there was more than one person in Mr Lewis’ car.
“Critically the judge was the best person to assess the appellant and any remorse he purported to show,” Mrs Justice Davies added.
“There are no grounds to undermine the findings of the judge.”
She added that given the two deaths and the “appalling driving record” of Kennedy the sentence was “highly appropriate”.