Widow's fears over killer's release date

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Friday, May 01, 2009
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This is Lincolnshire

The widow of a Lincolnshire cyclist killed by a teenage driver fears that he could be released next week.

Ann Dolby says 20-year-old Thomas Duffield who ploughed into her husband Leigh (54) killing him instantly in August 2007 may only serve one quarter of his year-long sentence.

And she described the 12-month sentence imposed in the case as "a joke" after Appeal Court Judges refused to increase it yesterday.

Mrs Dolby from North Hykeham, near Lincoln, was at The Royal Courts of Justice in London where an application to raise the sentence was rejected.

"Nothing is going to bring Leigh back but Mr Duffield could be out next week and able to get on with his life," said Mrs Dolby (54).

"If so he'll be tagged until August and then able to return to university.

"I would have liked him to have experienced a Christmas while separated from his family and friends like we have had to and will do forever."

Duffield's case, together with that of Lincolnshire driver Nigel Gresham and a third one from outside the county were referred to the Court of Appeal on the grounds that they were 'unduly lenient'. All three applications to increase the prison sentences were rejected.

Neither Duffield nor Gresham were in court although members of their families were.

For more on the cases, see Friday's Echo.

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16 Comments

  • Profile image for This is Lincolnshire

    by rachel, lincoln

    Monday, May 11 2009, 8:05AM

    “LYNN- you don't really seem to know what u are talking about love. your saying that duffield should have got a longer sentence because he used his mobile whilst driving and yet it was proven that his mobile had nothing to do with the case and yet you go on about poor old gresham who has to live with his life for what he has done yet he intentially knew that his car was faulty and took his family out in it!!! Duffield doens't need your harsh comments and you should get to know your facts before posting comments on here!!!”

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    by josie, Lincoln

    Tuesday, May 05 2009, 11:03AM

    “If people are going to comment on this story please can you at least make sure you have the names of the parties involved correct, especially the deceased man's name please?”

  • Profile image for This is Lincolnshire

    by Anon, Sheffield

    Friday, May 01 2009, 4:35PM

    “I¿m sorry but reading this has angered me, as people who have commented obviously are unaware of actually what happened regarding the accident.
    It was true that Duffield was on his phone earlier on during the journey which is a crime that many people commit, however the mobile phone had no connection with the collision, and that is why the mobile phone evidence was omitted from court. So the accident was not a direct cause of using his mobile phone.
    For all the people that do know Duffield which I presume none of you actually do, he didn¿t blatantly lie, and he doesn¿t deserve the comments that being made, this case was described as a tragic accident by the judge and could have happened to anyone. Would these comments still be made if Duffield was a sixty year old woman?
    What actually would be achieved by increasing his sentence, it wouldn¿t alter anything and certainly wouldn¿t achieve anything.
    I put it to everyone that efforts shouldn¿t be put into slating Duffield but into encouraging the use of more street lights or introduce laws that actually improve the appearance of cyclists so that something like this doesn¿t happen again.”

  • Profile image for This is Lincolnshire

    by Karen, Lincoln

    Friday, May 01 2009, 4:23PM

    “This decision by the Lord Chief Justice, against the advice of the CPS, is a disgrace.

    Leigh deserved better than this. He was a kind, witty and gentle human being who didn't deserve to be killed in this way.

    One can only hope that Mr Duffield leaves his mobile phone at home in future.

    Frankie might think that Leigh's family should "get over it" and that closure is needed, but Ann Dan and Toni will not have closure for a very long time. They, in common with an awful lot of people, loved him.

    To kill another human being and be free after such a short period of time is not justice.

    Mr Duffy broke the law. Seemingly the price for that does not reflect the consequences of that blatant disregard for the law of this land.

    Quite rightly, Mr Duffield will have this killing on his conscience for a very long time.

    Rest in peace Leigh, our thoughts are with your family.”

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    by Lincoln, Lincoln

    Friday, May 01 2009, 4:20PM

    “And if the police bothered to do anything about all the people always driving on their mobile phones, things like that wouldn't happen. See like 10 people driving while phoning on my way it to work everyday, nothing ever done!!”

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    by Lady in Lincoln, Lincoln

    Friday, May 01 2009, 4:17PM

    “I used to work with Tom a couple of years ago and met his family a few times when they came into the workplace. They were all a really really lovely family, and got to know Tom as such a polite, kind and helpful lad. So it was a real shock to hear the news and hear people discussing him as if he's a career criminal. It wasn't a hit and run, it wasn't intentional and he did actually know Leigh which must have been even more gutting for him when he stopped and called for help.

    I do completely feel for Leigh's family too, as we all knew, Leigh was a lovely person and it;s a tragedy. But it's also a tragedy that a young lad with no previous dealings with any trouble, has now been plucked from university and will have a permanent criminal record as well as living with his actions.

    I know this is just my opinions but it's just what i've experienced having met both of them involved many times.”

  • Profile image for This is Lincolnshire

    by V, Lincoln

    Friday, May 01 2009, 3:15PM

    “Precisely my point Lynn - Duffield knew that it was illegal to use his mobile phone whilst driving - for this reason...it's DANGEROUS and can cost lives.

    Frankie - the paedophiles and rapists are also committing henious crimes, and I don't think in my original post I said that what Duffield did was in any way similar?!

    I agree that he didn't intentionally set out to kill Leigh Henry, but his irresponsible use of a mobile phone whilst behind the wheel of a car took his attention away from the road and as a result, killed a man. I agree that he will have to live his life with that on his conscience, but he deserves to be punished for his actions. A man DIED - a family lost a father, son and husband because of Duffield's decision to use his mobile phone when he knew he shouldn't be.

    And I know thousands of people use their mobile phones whilst driving - I don't think at any point in my earlier post I condoned this? Do correct me if I'm wrong...

    I'm sure, given the opportunity, Duffield would turn back the clock and NOT use his phone whilst driving on that fateful day, but unfortunately that's simply not possible, and doesn't mean he shouldn't be given a suitable punishment for what he did...remorse does not alter the outcome of the situation.

    What is important it that lessons are learned from what he did - people need to be aware of how dangerous is it to use their phone's whilst driving.

    I've said my piece now, and I believe everyone is entitled to their opinion, but Frankie, I ask you this...would you be so forgiving if it was your mother/father/husband/wife/child that had been killed?!”

  • Profile image for This is Lincolnshire

    by lynn, lincoln

    Friday, May 01 2009, 2:53PM

    “Frankie - Paedophiles and rapists don't, in most cases kill their victim. The only source of the circumstances surrounding each case, is usually, what is reported in newspapers. Do you, personally know these people or do you know more about the circumstances than has been reported? The decision can't be accepted by most Posters on this site, because they do not believe it to be the right one. Duffiled knew it was an offence to use his mobile whilst driving, yet he chose to flout that law, the closure you speak about should have been the other way around. I won't enlarge on this point or I maybe deleted.”

  • Profile image for This is Lincolnshire

    by Frankie, Lincoln

    Friday, May 01 2009, 2:34PM

    “Seriously people need to get a grip,most of you dont know these people or the circumstances. The Duffield case was not intentional, thousands of people drive whilst using thier mobile phone, it was just unfortunate that it resulted in a tragic accident, they are not paedophiles or rapists, they are merely humans who made a mistake, they will have to pay the consequences , for the rest of their life. I have no doubt in my mind that they are not sorry for what they have done. Why cant people accept the decision that has been made and allow them to get on with their lives. For those of you who dont know its callled closure!”

  • Profile image for This is Lincolnshire

    by V, Lincoln

    Friday, May 01 2009, 10:58AM

    “I'll go out and commit crimes then shall I - knowing that I shan't be put in prison because they're too full already?! It's a joke - why do punsishments no longer fit the crime??

    And I have sympathy with Gresham - although both accidents were unintentional, the fact that he killed his children will be punishment enough for him for the rest of his life...I doubt he will ever get over it, and unlike Duffield, his victims were not faceless individuals.

    What I find totally unacceptable about Duffield's accident was that it was caused as a direct result of him using his mobile phone to text whilst driving.

    Call me synical, but was his sentance so lenient because the judge though he showed remorse for his actions, or because of the contrived 'charity work' Duffield has been doing since the accident and in anticipation of his trial? I wonder if he'd have done the chairty work if there wasn't a court case looming over him?!

    AND, the fact that he tried to absolve himself from blame by saying that Leigh Henry didn't have lights on his bike just shows what kind of man Duffield is. To have killed a man, albeit accidently and then try to get himself out of trouble by telling a blatent lie is absolutely disgusting, and I sincerely hope he has difficulty in living with himself and the results of his selfish actions.

    I for one am terrified at the thought of Duffield being let out and allowed back on the roads - he should be banned from driving for life as a minimum when he is let out, not just tagged.”

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