A man who crashed his car into a pram and killed an 18-day-old baby while using a phone behind the wheel has been given his ‘gentle’ sentence.
James Davis, 36, was originally sentenced to six and a half years in prison for… caused the death of Ciaran Morris, who was said to be on his very first walk.
A jury found him guilty of dangerous driving while uninsured after he climbed the pavement in an unregistered BMW on Easter Sunday last year.
They heard him turn from his side of the road into the opposite lane, into the path of an oncoming vehicle, which he hit before going off the road, fatally injuring Ciaran.
He then fled the scene at Brownhills, near Walsall in the West Midlands.
After being sentenced by the Wolverhampton Crown Court in April, Davis’s verdict was referred to the appeals court by the attorney general, arguing that it was “unmoderately lenient.”
Today, appeals court judges increased his sentence to 10 years at a hearing attended by Davis via a video link from HMP Birmingham.
Oliver Glasgow, QC, on behalf of the Attorney General, argued that the sentencing judge had failed to properly consider some factors that increased the seriousness of the crime, including Davis’ excessive speed and his use of cannabis.
The lawyer said, “Not only did (Davis) not have insurance, the car itself was not registered, it was a car that should not have been on the road.”
Mr Glasgow told the court that Davis was traveling at 107 mph for 16.5 seconds before the impact and that he had slowed to 53 mph six seconds before the impact as he approached a roundabout.
The court heard that Davis later swerved from his side of the road into the opposite lane, into the path of an oncoming car.
“The perpetrator must have used his phone. The moment he swerved from one lane to the other there was no attempt to brake or avoid the collision,” said Mr Glasgow.
“The unsub just wasn’t looking where he was going.”
During the trial, Davis claimed to have “temporarily lost consciousness as a result of a coughing fit,” the attorney added.
Charles Crinion, for Davis, argued that the trial judge was in the best position to assess the seriousness of the crime, adding that the judge had been “cautious” in the trial and sentencing.
“The trial judge was best placed to assess each factor,” he said.
The lawyer later said that about half an hour after the fatal collision, Davis “passed a roadside test for cannabis.”
Mr Crinion also argued that Davis was driving at the speed limit at the time of the collision, adding that his previous speed was “very closely related (to) but not the cause” of the fatal crash.
Lady Justice Carr, sitting with Mr. Justice Fraser and Judge Deborah Taylor, paid tribute to Ciaran and his family in their judgment.
She said, “We note at the outset that no punishment can bring Ciaran back to his family.”
The judges increased Davis’ sentence after finding that the trial judge had erred.
Lady Justice Carr said: “A period of about seven years should have been the platform from which additional aggravating and mitigating factors could be considered.
“We believe there were several important additional factors… A 10-year prison sentence was warranted.”
Davis’ increased sentence was welcomed by Attorney General, Suella Braverman, QC.
After the hearing, she said: “Today my thoughts are with the family of Ciaran Morris, who was tragically killed by the criminally dangerous driving of James Davis.
“While no conviction can repair the damage caused by Davis’s actions, I welcome the court’s decision to impose a sentence more in line with the horrific crime that occurred.”
As a tribute last year, Ciaran’s parents Camaron Morris and Codie Holyman, who were both 18 at the time of the crash, said: ‘Mommies and daddy’s hearts will always hurt, we love you more than anything else,’ said they.
“We couldn’t keep you with us long, but we’re glad we had the chance to meet you, look after you, and call you our son. Fly high angel.’
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