‘Reckless’ driver who caused passenger’s death in North Lincolnshire crash is sentenced

An uninsured and unlicensed speeding driver under the influence of cannabis and nitrous oxide whose "reckless" and "extremely selfish" actions caused the death of a passenger has been sentenced to more than 12 years behind bars. Ben Bailey, 36, of no fixed address, admitted causing the death of 22-year-old Tom O'Neil in an incident in North Lincolnshire on February 24, 2023. Bailey pleaded guilty to the offence during a hearing in May[1] and has today (Wednesday, August 27) been sentenced at Grimsby Crown Court[2] to 12 years and nine months imprisonment and banned from driving for 18 years and one month.

The fatal crash happened close to Brumby Common Lane bridge just past a roundabout where the M181 becomes the A1077(M) in the Scunthorpe[3] area. Bailey, who "had no driving licence, no insurance, and was driving someone else's car" was behind the wheel of a grey Mercedes C350 doing "over 90mph in a 50mph limit" before the horrific crash on the northbound A1077. He failed to negotiate the roundabout and went straight across it, leaving the carriageway at the opposite side before colliding with a lamppost.

Bailey, who was not wearing a seatbelt, was ejected from the vehicle. The first at the scene was an HGV driver who put their own safety at risk to help extinguish the fire that threatened to engulf the Mercedes. The passenger was assisted from the car by passers-by who provided first aid at the scene.

When they approached Bailey to offer help, he told them not to call the police and to just take him to hospital. After emergency services arrived, despite the efforts of medical professionals, the passenger died at the scene. Bailey was subsequently taken to hospital for treatment to serious injuries.

Officers from Humberside Police[4]'s Serious Collision Unit launched an investigation and, through numerous enquiries including CCTV, mobile phone and vehicle data, evidence from the scene, witness statements and scientific analysis, the story of what happened began to unfold. Items seized from the wreckage included mobile phones, nitrous oxide gas cannisters in the driver's footwell, and a quantity of balloons used to inhale nitrous oxide. Officers from the Digital Forensics Unit analysed the data from the recovered mobile phones and discovered that Bailey's phone was in constant use during the journey while driving at excessive speeds significantly above the limit, and also while under the influence of cannabis and nitrous oxide.

During interview in custody, he claimed that he did not remember anything about the collision and answered no comment to the rest of the questions asked about the incident.

Leading the investigation was Sergeant Rob Mazingham from the Serious Collisions Unit who said: "The circumstances around this case are difficult to comprehend and it is one of the most shocking that I have seen in my time in this department. Bailey's actions that day were unacceptable. "He behaved in an extremely selfish and senseless manner, gambling with the safety of himself, his passenger, the public, not only by using his phone and not wearing a seatbelt, but taking it even further by being under the influence of cannabis and inhaling laughing gas at the same time, all, it may seem, to appease his own reckless thrills and to post on social media.

"Driving over 90mph in a 50mph limit, Bailey had no driving licence, no insurance, and was driving someone else's car at the time of the collision. Videos retrieved from his phone seized from the vehicle also showed incomprehensible evidence that Bailey was taking videos and inhaling nitrous oxide behind the wheel. Footage that revealed the dashboard also showed the driver's side seatbelt warning light was illuminated.

"Forensic analysis of the scene showed no evidence of Bailey braking or attempting to negotiate the roundabout prior to the collision, and toxicology came back as positive for cannabis and nitrous oxide in Bailey's system at the time of the incident. He himself suffered serious injuries, but this did not stop him from trying to prevent members of the public from calling the police to help his friend, and then he discharged himself from hospital in a vain attempt to evade police. "The pain and suffering the family endured cannot be underestimated, and they continue to have to navigate a life without him.

Whilst the result in court today does not take this away, I hope it provides some reassurance that Bailey is off our roads and unable to inflict such tragedy onto anyone else. Road safety remains a priority for us, and we will seek to take action against anyone who thinks it's okay to risk the safety not only themselves, but their passengers, other road users or pedestrians. "Countless families are left shattered by fatal road traffic collisions that could have been prevented, and every fatal collision our teams attend is a tragedy that did not need to happen.

Speeding, using your phone, driving under the influence, or a reckless judgement; these decisions can destroy lives forever and no journey is worth that risk. "Our message to you is simple, all it takes is one second to take a life. Drive safe, every time.

We continue to encourage members of the public to report any road traffic offences and dangerous driving to us by calling our non-emergency number 101 or 999 in an emergency, when safe to do so, to help hold heedless drivers like Bailey to account."

Speaking after sentencing, the family of the passenger who lost his life as a result of Bailey's actions said: "Whilst no sentence will ever make up for our loss, we consider this a positive outcome.

We would like to thank the HGV driver and the other members of the public that assisted at the scene immediately after the collision, and the police and crown prosecution service for their efforts in securing this conviction."

References

1. ^ pleaded guilty to the offence during a hearing in May (www.grimsbytelegraph.co.uk)
2. ^ Court (www.grimsbytelegraph.co.uk)
3. ^ Scunthorpe (www.grimsbytelegraph.co.uk)
4. ^ Humberside Police (www.grimsbytelegraph.co.uk)