MP James Wild’s appeal to have King’s Lynn man Aurelijus Cielevicius’ jail term extended is rejected by Attorney General
An MP’s bid to have the jail term of a drug-driver who killed a family of three extended has failed.
James Wild, the MP for North West Norfolk, referred the sentencing of Lynn man Aurelijus Cielevicius to the Attorney General after deeming the ten and a half years he will serve behind bars to be too short.
Cielevicius, of John Street, caused the fatal crash on the A47 Constitution Hill, between Lynn and Middleton[1], on January 15 which killed Paul James Carter, Lisa Jayne Carter and her daughter Jade Channelle Mace.
Aurelijus Cielevicius was sentenced to ten and a half years in jail after killing a family of three. Picture: Norfolk Police
He was on a “cocktail” of drugs when he plowed into the Lincolnshire family’s vehicle, who were pronounced dead at the scene, with his speedometer stuck at 96mph when police arrived.
The 39-year-old had been overtaking another vehicle prior to the horror crash, but failed to return to the correct side of the road.
However, Michael Tomlinson KC – the Attorney General, serving as chief legal advisor to the Government – has said that the judge categorised Cielevicius’ offending accurately, therefore putting his sentence within the “reasonable range from a legal perspective”.
North West Norfolk MP James Wild submitted an appeal over the length of Cielevicius’ sentence
Mr Wild said: “This was a truly devastating crime and this despicable offender has caused immense suffering to the family and friends of the victims through his appalling actions.
“Anyone can refer a prison sentence they consider too low to the Attorney General and I have done so in a number of constituency cases and others.
“The Solicitor General has considered this case carefully and while I am very disappointed it won’t be referred to the Court of Appeal, the offender has no right to automatic release after two thirds of his sentence – the Parole Board would have to conclude he no longer presents a danger to the public.
“When the circumstances of a case and the offender are clear, it is time to review whether someone should get a reduction in the length of a prison sentence simply for pleading guilty.”
In a written response to Mr Wild, Mr Tomlinson stressed that he had considered carefully whether or not the MP’s worries had crossed the threshold which would have seen the sentencing brought before the Court of Appeal.
The Court of Appeal will only grant permission to refer a sentence in exceptional circumstances – for example, if a judge has made what is deemed to be a gross error.
Cielevicius pleaded guilty to three counts of death by dangerous driving, and his offences were placed in category one – the most serious.
Mr Tomlinson wrote: “In this case, the judge applied the relevant guidelines. After careful consideration, I have concluded that this was done appropriately.
“The judge categorised the offending accurately and identified the correct starting point. He applied an uplift to the sentence to reflect that the maximum penalty for the offences recently increased from 14 years to life imprisonment.
“He was alive to the aggravating features of the case, which included the number of offences to which the offender pleaded guilty. He then made a downward adjustment to reflect the offender’s guilty plea.”
He added: “Nothing that I say and no sentence, however long, could ever bring Paul, Lisa and Jade back or undo the despicable act of the offender.
“The behaviour of the offender that night was truly appalling.”
Mr Wild has urged any West Norfolk residents who see a sentence they believe should be longer to visit https://www.gov.uk/ask-crown-court-sentence-review[2]
Cielevicius was handed an extended sentence because the judge concluded that he is “dangerous”. This means that he is eligible to apply for parole after serving two thirds of his jail term, but will only be released if the Parole Board is satisfied that detaining him is no longer necessary for the protection of the public.
He is not eligible for automatic release after serving those two thirds.
References
- ^ fatal crash on the A47 Constitution Hill, between Lynn and Middleton (lynnnews.co.uk)
- ^ https://www.gov.uk/ask-crown-court-sentence-review (www.gov.uk)