Jailed double death crash driver's appeal is rejected

Trusted article source icon
Thursday, June 24, 2010
Profile image for This is Lincolnshire

This is Lincolnshire

A BUSINESSWOMAN who killed a young couple after ploughing into them as she drove a millionaire's Jaguar "like a bullet" has been told by top judges she can have no complaint about her jail term.

A court heard 48-year-old Mary Barbara Butres caused the deaths of Mark Compton, 20, and his 19-year-old girlfriend, Jodie Brown, as she sped along the A1 near Grantham, Lincolnshire, at about 111 miles-an-hour on her way home from a day at the races.

Butres, of St Mary's Street, Stamford, in Lincolnshire, was today back in the dock as she launched a challenge against her seven-and-a-half year jail term at London's Criminal Appeal Court.

She was handed the sentence at Nottingham Crown Court on January 20 this year after previously admitting two charges of causing death by dangerous driving.

John Ellis Nichols, 59, who was jailed for four years on February 2 this year after a jury at the same court convicted him of the same charges, because he was travelling with her at the time of the crash and failed to stop her, also appealed against his sentence today.

But top judges, sitting at London's Criminal Appeal Court, dismissed their challenges, saying the jail-terms handed to both of them were "not even arguably excessive".

Mr Justice Holman, sitting with Lord Justice Moses and Mrs Justice Rafferty, told the court the crash happened at about 6.45pm on May 12, 2007, on the A1 at Great Ponton.

The court heard it had been raining heavily and, although it had stopped raining at the time of the collision, there was standing water on the road.

Mr Compton was driving on the southbound carriageway of the road when he hit the water, losing control of his Ford Fiesta, which eventually came to a stop on the road's central reservation.

He and Miss Brown, both of Grantham, began walking with Miss Brown's older brother, Nicholas, who was also in the car, along the central reservation as they looked for a suitable point to cross to the nearside of the carriageway.

As they did so, Butres and Nichols travelled along the same stretch of road and she lost control of the car after hitting the same stretch of water.

The pair had been at Nottingham Racecourse and had both been drinking, but Nichols gave his car keys to Butres because he had drunk more than her.

The court heard Butres, who at the time worked for Nichols' Ely-based packing firm, was seen by witnesses driving the powerful Jaguar XJ8 "like a bullet".

She hit the pool of water before ploughing into the Fiesta and then smashing into the three victims.

Mr Compton was killed almost instantly at the scene and Miss Brown died shortly afterwards in hospital. Nicholas Brown was seriously injured and needed a number of operations to his legs.

The 4.2-litre vehicle was fitted with a device, similar to an aircraft's black box, which showed Butres had been driving at about 111 miles-an-hour and a breath test revealed she was about one-and-a-half times over the legal drink-drive limit.

Mr Justice Holman said the crash had "devastated" the lives of many people.

"There is no doubt that this was, and is, a very serious case indeed.

"It has, in fact, been thoroughly appalling in its consequences for the many people who have been touched by it. The lives of the victims and their families have been utterly devastated forever."

Butres and Nichols were originally convicted by a jury in October 2008 after they both denied the offences, but their convictions were overturned on appeal because an errant juror was overheard on a tram discussing the case with another member of the panel.

On the date of their retrial, Butres pleaded guilty and Nichols was left to stand trial, after which he was convicted.

Butres's lawyers argued Judge John Milmo QC, who passed sentence, didn't properly consider her "impeccable good character", adding she was an "effective and successful businesswoman".

They also said he did not give her sufficient credit for her guilty plea or the fact she had already served the equivalent of 10 months after her original conviction.

Nichols' QC, Richard Kovalevsky, told the court his client had two brain tumours and, despite an operation to remove them, one was found to be inoperable and gave him permanent tinitis and headaches.

He argued Judge Milmo had failed to properly consider this when he jailed him and also said the sentence of four years was too high given he was convicted for his "omission" in not stopping Butres.

But the Appeal Court judges dismissed both appeals, saying they were of the "very clear view" the Crown Court judge passed the right sentences.

Mr Justice Holman said: "We are of the very clear view that the sentences imposed in relation to Miss Butres were not even arguably excessive.

"We regret that Mr Nichols is now serving a sentence compounded by his significant medical condition.

"But, in our view, his sentence too cannot possibly be described as excessive after a fight and a conviction for his role in this thoroughly appalling event."

Speaking outside court after the ruling, 38-year-old Nicholas Brown – who still requires another operation on one of his legs – said the appeal had "prolonged the agony" for him and his family.

He said: "I'm over the moon with this result. This whole thing has been a nightmare for me and my family. They have prolonged our agony by appealing again."

Tweet this article
Report
 
 
 
 
 
 

Tell us about your area

Got some interesting news? Write about it and let your whole community know.

  Write an article