A DRIVER who killed a moped rider in South Gloucestershire while under the influence of cannabis after driving through a red light has been jailed for five years.
Harry Charlton, 29, failed to stop for the red light as he navigated a new through-about junction and his Ford Fiesta collided with 16-year-old Daniel Davies’ moped.
Bristol Crown Court heard Daniel suffered fatal injuries following the collision on the A4174 Wraxall Road roundabout in Warmley, South Gloucestershire on the evening of Easter Sunday in April 2022 and died at the scene.
Edward Hollingsworth, prosecuting, said there were no expert evidence determining the exact speed Charlton was driving at when he struck the teenager.
“The defendant had driven through a plainly visible red light,” he said.
“Some witnesses describe him as going faster than the 30mph speed limit. That is as precise as the Crown can be.”
Mr Hollingsworth said the through-about junction had opened to the public the previous October and there had been several complaints about it. None were relevant to the cause of the accident.
“The reality is that the vehicle went straight through a red light,” he said.
“It isn’t the case of the light just turning red and the collision happening.
“Had Mr Charlton seen the red light and stopped for it, he would have been stationary for a minimum of eight to 12 seconds before Mr Davies crossed his path.”
He added: “The prosecution case is that although the evidence supports the fact that Daniel himself had gone through a red light it had no bearing because the defendant had gone through a red light causing the collision.”
After the collision, Charlton drove off but quickly parked up and returned to the scene on foot, telling witnesses: “The light was green, I didn’t see him.”
The court heard from Daniel’s mother, Samanatha Davies, who said her son’s death came just four months after her husband had died.
“When Daniel was 15 my husband, his dad, took his own life,” she said.
“I miss Daniel more than I can imagine. Sometimes I don’t think he has even gone – maybe out with his friends. Other times it really hits me.
“The only positive is that he died instantaneously and didn’t suffer.”
Daniel’s grandmother Sandra Dixon said: “Samantha will never fully recover from this. This was a young life cruelly taken away from all of us.”
At a previous hearing, Charlton, of Kingswood, South Gloucestershire admitted causing death by careless driving while over the prescribed limit of drugs.
Jenny Tallentire, defending, said Charlton has been remorseful and sorry from the moment of the collision and had not realised smoking cannabis when he did would put him over the limit.
“He understood then the enormity and the ripple effect of his actions and he still does,” she said.
“He is genuinely remorseful for what happened that day. If he could turn back the clock he would do so.
“Although he didn’t consume drugs unwittingly, what he was unwitting about was having a few puffs a couple of days before and not realising he would be over the limit.”
Miss Tallentire described the through-about junction as an “extremely novel arrangement”.
“It maybe unique in the rest of the country but it doesn’t negate that he drove through a red light,” she said.
She said he was the primary carer for his partner, and his custodial sentence would have an impact upon her.
Jailing Charlton, Judge Martin Picton said no sentence he could pass could “properly reflect the harm that has been done”.
“Daniel Davies was just 16 years of age when he died – both tragically and unnecessarily,” he said.
“I cannot hope to do justice to the very moving victim impact statements made by his family who speak of their unbearable loss.
“He had his whole life ahead of him.
“For his mother Samantha coming so soon after another tragedy it must be all too much to bear.
“No one should go through what she has, which should be a message to all of us in driving safely.
“The reality is that the lights were red and had been for some time. Had you driven with a level of proper concentration you would have seen the red light.
“Your level of concentration must have been affected by the level of cannabis in your system.”
Charlton was also banned from driving for two years, which will begin when he is released from prison, and ordered to take an extended driving test.
Investigating officer Dai Nicholas said: “This is yet another example of someone’s life being tragically cut short due to a driver not being in a fit state to be on the roads.
“Charlton was solely responsible for Daniel’s death and will face the consequences of his decisions that night for the rest of his life.”
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