The proposed changes are expected to be debated in the States early next year and, if approved, introduced a short time later.
Transport Minister Eddie Noel has asked for the law to be updated following the death of Dita Paverniece in 2011, who died from head injuries after the Lotus sports car she was travelling in crashed into a wall on the St Clement’s Coast Road.
At the time, the driver was charged with causing death by dangerous driving.
However there was not enough evidence to prove that he was driving dangerously and he eventually pleaded guilty to the lesser charge of careless driving and received a reduced penalty.
He was fined and banned from driving, but did not face a prison sentence.
The Law Officers’ Department is now amending the current law to cover a range of new offences. These include causing death by careless driving, which would carry a fine, up to five years in prison and a 12 month driving ban.
Meanwhile, causing serious injury by dangerous driving would result in a fine, up to seven years in prison and at least a two-year driving ban. And causing serious injury by careless driving would lead to a fine, up to two years in prison and a 12-month disqualification.
There would also be a charge for careless driving while under the influence of drink or drugs and causing serious injury, which would carry a fine, up to four years in prison and a two-year ban, or three years for a second offence.
The proposed changes to the law come after Wayne De Lima (19) was sentenced to 12 months youth detention by the Royal Court earlier this month after pleading guilty to dangerous driving and driving without insurance. However, under new laws, he could have faced up to seven years in prison and been banned from driving for causing serious injury by dangerous or careless driving.
De Lima was driving his Ford Focus RS when he crashed into 19-year-old Olly Newman’s car as it pulled out of Le Port car park. Mr Newman was left unable to walk or talk since the accident and has undergone a series of operations. The popular surfer and musician is able to open his eyes, but doctors are unsure as to whether he is aware of his surroundings, despite being conscious.
De Lima was driving at around 80 mph before he applied his brakes but he suffered no injuries and his passenger also walked away unharmed.
In a statement, the States police said: ‘The consequences of this incident will be long lasting and we cannot stress enough the importance of road safety and adherence to the law. Reckless behaviour on the roads is not something to be taken lightly and very often results in tragic situations, as is the case here.’
A recent front page story showed up the law to be an ass.
As reported, Wayne De Lima was jailed for 12 months for dangerous driving after he smashed into another vehicle on 5 October being driven by Olly Newman, then a 19-year-old surfer and talented musician.
Olly suffered devastating injuries which have left him unable to walk or talk. The sentence handed down to the 19-year-old defendant, who was driving a car popular because of its badge’s racing pedigree, was woefully inadequate.
The police estimate that he was driving at between 78 and 84 mph along the Five Mile Road when the collision happened. If Olly’s injuries had been caused by kicks to the head in a fight, the attacker would face a much longer sentence.
As this community has witnessed on too many occasions, cars kill and seriously injure in frightening numbers.
They might not be a weapon, but when driven recklessly or dangerously, they might as well be.
And yet De Lima will be a free man in a few months’ time. He pleaded guilty to dangerous driving and to driving without insurance.
In April this year, it was reported that the law was being reviewed with a view to introducing a number of new offences, including causing serious injury by dangerous driving.
Under the law as it stands, the maximum penalty for dangerous driving which does not cause death is two years in jail and/or an unlimited fine. The court’s hands were tied.
Under the proposals, the maximum sentence for dangerous driving with no injury would increase to five years behind bars and to seven if injury is caused. These law changes cannot be introduced soon enough.
Transport Minister Eddie Noel is right to have tabled them and must now ensure that they are brought to the States without delay.
There are too many yobs driving too fast around Jersey in souped-up cars putting their lives, those of their passengers and other road users in danger.
It’s time that the courts’ sentencing powers reflected the level of public distaste for the behaviour of these criminals.
