Kendal man sentenced for driving offences after near head-on collision
Sam James Sheppard was banned from driving for three years and ordered to pay GBP1,500 compensation as a result. Prosecutor Peter Kelly said when opening the case at South Cumbria Magistrates Court on December 11 that Sheppard had been driving a Seat Ibiza on the B5284 on Crook Road with only a provisional licence when he crashed into the victim. Mr Kelly said the collision occurred as the complainant was returning home with her brother from Windermere Golf Club.
He said the victim was hugging the left-hand side grass verge on the road when the 23-year-old defendant, of Waterside in Kendal, was coming towards her at speed. The next thing she remembered was a ‘loud bang’ and the airbags in her BMW inflating, Mr Kelly said. A roadside test was conduced by police on scene which resulted in Sheppard testing positive for driving while over the legal drug limit.
Results showed he had 165 ug/L of Benzoylecgonine in his blood, as well as 3.3 ug/L of Delta-9-tetrahydrocannabinol. The legal limits are 50 ug/L and 2 ug/L. The court heard the complainant’s vehicle was written off as a result of the crash.
A victim impact statement said: “I was in shock and a lot of pain. I was bed-bound and bruised from head-to-toe. I could barely move without feeling immense pain.
“This has had a huge impact on me. The scars to my arm have barely faded. I will be reminded of what happened on that particular evening for the rest of my life.”
Mr Kelly said other eyewitnesses saw the defendant overtaking several vehicles before the collision. In mitigation, at the plea hearing, his barrister David Mainwaring said his client could not give an accurate account of the incident because he himself had suffered a brain injury resulting in severe memory loss. Mr Mainwaring said: “He had been out with friends in Bowness-on-Windermere who had been drinking.
The defendant was sober, so the owner of the vehicle asked him if he wouldn’t mind driving. “He had taken the drugs one or two days prior to the collision. He had been using drugs recreationally.
“He has suffered a punctured lung, broken bones and has been left with brain damage. He has mental health issues and has been previously diagnosed with ADHD and autism. “He wishes to express his remorse to the complainant and her brother.”
Sheppard pleaded guilty to driving without due care and attention, driving without a licence and third-party insurance, as well as admitting two drug driving charges last month. The court heard the defendant had no previous convictions. Magistrates imposed a 26-week prison sentence suspended for 12 months when sentencing Sheppard on January 11 at South Cumbria Magistrates Court because they believed there was ‘strong personal mitigation’ and a ‘realistic prospect of rehabilitation’.
They made no order for costs or surcharge due to the imposition of a compensation order but required the defendant to complete a six-month drug rehabilitation programme with Recovery Steps.