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No reduction in Limavady death driver sentence appeal

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Published Date: 18 June 2009
A LIMAVADY motorist who killed his teenage friend and a pensioner has failed in a bid to have a five-and-a-half year jail term reduced.
Lawyers for Mark Ellis (21), formerly of Josephine Avenue, Limavady, urged the Court of Appeal to cut the sentence imposed on him for two counts of causing death by dangerous driving.
Ellis was still a restricted driver when the fatal crash happened
just outside Limavady in August 2006. He lost control of a Peugeot car on the Cam Road and ploughed into a Ford Ka.
A local woman, Margaret Chivers (85), who was in the other vehicle, died on the day of the smash. Ellis's friend Adam Montague, also from Limavady, who had been in the Peugeot with him, died 10 days later.
During his trial last year the jury heard that Ellis lost control going into a bend at around 60mph, despite only being permitted to drive at a maximum 45mph. He claimed something was wrong with the road and that it may have been greasy.
Following his conviction, he was ordered to serve five-and-half-years behind bars followed by 18 months probation. A £1,000 fine for driving without insurance was also imposed.
Challenging the length of imprisonment, his counsel, Eilish McDermott QC, argued he should not have been put right at the top of the higher culpability category for sentencing.
She told the Court of Appeal last week: "This was an accident of appallingly tragic circumstances which arose out of bad driving. For that reason we say the learned trial judge should have been looking in the area of a borderline between intermediate and higher culpability."
Ellis's age at the time of the crash, his shock, remorse and psychological suffering were also advanced as mitigating factors.
However, Lord Justice Higgins, who chaired a three judge panel, ruled that the appeal should be dismissed.
He said: "We do not consider that the learned trial judge either erred in principle or imposed a sentence which was manifestly excessive in determining first of all the case fell within the higher culpability range or in determining the appropriate sentence within that range."
At the original trial Judge Smyth QC told the court: "No sentence passed will come as any comfort to the families of Margaret Chivers and Adam Montague."
He added: "The dangers caused by speeding young male drivers remains constant."



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  • Last Updated: 18 June 2009 1:21 PM
  • Source: n/a
  • Location: Waterside
 
 

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