SENTENCING: A SLAP ON THE WRIST FOR RECKLESS ROAD USERS
(An older story, published now as part of my portfolio. This was written in Semester 2 of Level 5 as the Feature I wrote for my Investigative Journalism module)
With an average sentence of anywhere between 5 to 14 years imprisonment, causing death by dangerous driving sentences are arguably far too lenient. However, a change could be on its way. Molly Woodthorpe investigates.
Following the tragic death of 20-year-old Jenny Sell in 2019, Kellan Blakeway began campaigning for stricter sentencing for those who kill through being reckless road users, naming it Jenny’s Law, in her honour.
On the 31st of July 2019, and while above the legal limit for alcohol, and driving at least double the 30mph speed limit, Matthew Shaw drove his Audi A5 through a red light and collided with Jenny Sell’s Honda Jazz. From this night, he pleaded guilty to causing death by dangerous driving when above the legal alcohol limit and also for failing to comply with a drugs test.
The collision occurred outside Kellan's house on Northmead Road in Midsomer Norton, and she was one of the first ones on the scene after the crash. Jenny tragically passed away at the scene of the accident, something which, after being there to try and help, has made Kellan so passionate about this cause.
When talking about the events of that night, she said, “They were on one side trying to get the door open because they could see she'd been trapped, but there wasn't much else we could do for her apart from stay there and talk to her, even though she was already gone. My family and I were in a lot of shock afterwards. My dad was the first one there, so he was really affected by it. He did what he could, but it didn't feel like any of us did enough, even though he couldn't do anything else.
The death of Jenny Sell had an immediate and profound impact on Kellan, who also said, “For three hours after the accident, me, my dad and my boyfriend sat outside and we didn't say anything at all - we just sat in silence.”
The effects of this traumatic event did not leave her after that night, having undergone therapy to process it, and beginning her Jenny’s Law campaign, demonstrating how out of such tragedy, strength can truly be found, and hopefully good can come of it.
Matthew Shaw’s sentencing landed him in prison for 6 years and 8 months, this was appealed for being too ‘severe’ by Shaw, however, Jenny's parents appealed for the sentence to be extended, describing it as ‘too lenient’. They were successful in this, and his sentence was increased by 16 months to a total of eight years and nine months in prison.
We contacted Dominic Raab, as the Secretary of State for Justice, for a comment on Jenny’s Law and whether he would support it, and about the sentencing for people who have killed another person while being drunk or reckless behind a wheel. Although we did not get a comment from Mr Raab directly, a representative for the Ministry of Justice (MoJ) told us that they are not able to comment on individual cases, as these should be held as matters for independent courts. However, they did say the following: “The Government knows that driving offences can have devastating consequences for victims, their families and friends. While many deaths and injuries are the results of tragic accidents, too many of these incidents involve criminal behaviour. Every avoidable death is one too many.”
The MoJ proceeded to tell us that provisions have been made to the Police, Crime and Courts Act 2022, and as of 28th of June 2022, the maximum penalty for causing death by careless driving under the influence of drink or drugs has been raised from 14 years to life.
We were also informed that the Government is currently considering conducting a call for evidence on parts of the Road Traffic Act which would be expected to include issues around drink and drug driving, as well as the offence of failure to stop and report, which we have been encouraged to respond to, to give evidence on the effects these tragic incidents have on people.
Despite its good intentions, Jenny’s Law, however, has raised some questions. One of the people asking these questions is Mandy Cooper, the mother of another recently killed road user. Mandy’s youngest daughter, Amy Cooper, was a motorcyclist who was killed in November 2022 by a reckless road user. Mandy expressed her concern about the ability to police this and posed an interesting solution: technology.
To Mandy, the technology that we have on our phones is the way forward. With fingerprint scanning to unlock a phone almost being considered older technology, now that most modern phones use facial recognition to be unlocked, she asked why not impose this on cars? Fingerprint scans are one of a kind, and although some people may try and get around this if they have been banned from driving. If someone is found to be breaking this law, with even these precautions in place, they would be given a life sentence in prison, they would have been allowed a second chance.
With this in mind, the current proposal for Jenny’s Law is a step forward, and it has the potential to save lives in the future as well as bring closure to the lives of those affected by death by dangerous driving. The Government clearly understands there are issues around sentencing for death by dangerous driving charges, yet have not currently paid any attention to a proposal for a solution. Some campaigners would argue, the recent changes they have made are not strong enough, and another solution is needed, as almost 2000 people die each year on the roads (According to road safety charity Brake).
The Jenny’s Law petition can be found here, where more information can be found and the petition can be signed.
Sidebar:
5 Startling Facts about the UK’s Roads:
Each year, 250,000 motorists are banned from driving, with the most common reason being speeding.
In 2019, England and Wales recorded their highest number of drink-driving deaths in nearly a decade, with 85,000 people being convicted for the offence each year.
Despite this, it was recently revealed that drink and drug convictions were down in 2020.
Data from road safety charity Brake has shown that in 2019, an estimated 7,860 people were killed or injured on Britain’s roads, due to at least one driver being over the drink-drive limit.
A survey from Insurance Revolution shows that 30.40% of drivers believe there should be a zero alcohol limit to drive in the UK.
(This information comes from Regan Peggs Solicitors).
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