Coach driver who knew brakes were faulty loses appeal
A COACH driver jailed after his failing brakes caused a crash which killed a South Yorkshire husband and wife has been told by top judges that the "terrible loss" of the couple justified his sentence.
The coach, carrying 45 children and parents to a marching band contest, suffered brake failure near Scarborough and hit a car, killing Paul and Deborah Clements, aged 40 and 39, of Rawmarsh, Rotherham, instantly.
The runaway coach went through a red traffic light at the bottom of a steep hill approaching the A64 and hit Mr and Mrs Clements' Volkswagen Passat.
Coach driver Robert Oughton, of Newgate Street, Chasetown, Burntwood, Staffs, had continued to drive, despite being aware the vehicle had developed braking problems.
Oughton admitted manslaughter due to gross negligence and causing death by dangerous driving at Leeds Crown Court. He was jailed for five years and three months in November.
He asked Lord Justice Elias, Mr Justice Calvert Smith and Mr Justice Foskett, sitting at London's Criminal Appeal Court, to reduce the sentence, claiming it was over the top.
Oughton had been driving Walsall-based marching band, the West Midland Crystalettes, to a competition in Filey on September 21 last year.
The coach had taken a wrong turn and ended up on a B-road towards Saxton Hill near Scarborough. The road is well-known for its steep gradient.
The brakes on the 20-year-old coach failed as they began the steep descent.
Lawyers for Oughton argued he had wrongly been bracketed with "risk taking" dangerous drivers, such as those who deliberately indulge in high speed races on public roads.
It was claimed the "risk" Oughton took in continuing to drive the coach, despite its faulty brakes, should be regarded as at the lower end of seriousness.
But, refusing his appeal and condemning the offence, Lord Justice Elias said: "He accepted that he knew the braking system was not as it should be and he took some risk in continuing to drive the coach.
"If somebody is driving a coach who is aware that the braking system is not operating safely, particularly when driving in terrain in which there are regular hills, there is an obvious risk of danger to other persons.
"He was driving a coach which had adults and children on board. The risk of danger was substantial.
"These cases are always very difficult sentencing exercises for a judge, and often involve imprisoning good men, of good character who have shown genuine remorse.
"But the terrible loss to the families of the dead couple from his negligence in controlling the vehicle and a dangerous passage of driving has to be marked in a significant way.
"It follows that this appeal fails."
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Tuesday 07 February 2012
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