Judge tells jury they ‘must be sure of intent’ to convict driver of murder over high-speed crash that killed Peter Maughan in Southfleet
Jurors have been told that the driver on trial over the death of four-year-old Peter Maughan would be guilty of murder if they are "sure" he intended to cause really serious harm when he deliberately rammed a 4x4 in a high-speed hit-and-run. In legal directions given today (Friday) in the case against Owen Maughan and his father Patrick Maughan, Judge Oliver Saxby KC said the prosecution does not have to prove the actions on June 1 last year were "premeditated or pre-planned".
Nor do they have to establish a motive for why any intent was formed, he added, explaining that intent can be "temporary, arise quickly in temper, and soon regretted". Furthermore, the jury was told it does not matter whether the defendants knew how many occupants were in the Ford Ranger Wildtrak - driven by Lovell Mahon with his wife Hayley as front seat passenger and their children Peter and Annarica in the rear - or their identities.
The judge's directions - and route to verdict as it is known - came at the conclusion of all the evidence presented at the defendants' trial at Maidstone Crown Court. It is the prosecution's case that after a chase spanning several miles along the A2 London-bound, 27-year-old Owen Maughan used his own Ford Ranger Wildtrak as a weapon to force the family's pickup truck off the road, and that he was "actively encouraged" by his 54-year-old father to do so. Having pulled onto the wrong side of New Barn Road, Southfleet, they clipped the rear offside of Mr Mahon's 4x4 at an estimated 60mph, causing it to lose control and roll up to three times.
Peter, who had been sitting in the rear, was thrown out and suffered catastrophic head, chest and abdomen injuries from which he was pronounced dead at hospital.
Mr Mahon was also ejected from the truck. He sustained multiple fractures to his skull, ribs and back as well as brain trauma, and is now paralysed from the waist down.
Miraculously, it was said, Hayley and one-year-old Annarica escaped with minor injuries. Following the collision, Owen and Patrick Maughan made their getaway, pausing briefly to rip off the front number plate of their damaged truck, before abandoning it in Hextable.
Jammed under the chassis was a child's pushchair, which had fallen from the rear of Mr Mahon's vehicle as it tumbled over. The pair, of Hill Rise, Darenth, were both arrested within two days of the fatal crash. Owen Maughan handed himself in, having initially fled to Manchester, while his dad was detained after police found him heavily intoxicated in bed at his sister's home in Berkshire.
Owen Maughan is on trial accused of four offences - murder of Peter, inflicting grievous bodily harm (GBH) with intent to Mr Mahon, and attempting to cause GBH with intent to Annarica and Hayley Maughan.
Judge Saxby said the issue for the jury to consider when they retire next week to deliberate their verdicts was, in Owen Maughan's case, "straightforward". If they are sure the prosecution proved he intended to cause the occupants really serious harm when he rammed the truck, then he is guilty of all charges, the judge explained.
But if they are not sure that was his intention, then he should be acquitted on all counts. The jury knows, however, that the married dad-of-three has already pleaded guilty to manslaughter in respect of Peter, and two offences in relation to Mr Mahon - inflicting GBH and causing serious injury by dangerous driving.
Patrick Maughan originally faced eight charges at the start of his trial - murder, manslaughter and causing death by dangerous driving in respect of Peter, causing GBH with intent, inflicting GBH and causing serious injury by dangerous driving in relation to Mr Mahon, and attempting to cause GBH with intent to Annarica and Hayley Maughan.
But this morning Judge Saxby discharged the jury from considering verdicts for the driving-related offences, explaining that there was a "substantial overlap" between them and the offences of manslaughter and inflicting GBH, respectively. Furthermore, he told them that before they determined his guilt, they had to reach verdicts in respect of his son.
Therefore, if Owen Maughan is found guilty, they would consider those same four charges - murder of Peter, inflicting grievous bodily harm (GBH) with intent to Mr Mahon, and attempting to cause GBH with intent to Annarica and Hayley Maughan - for Patrick Maughan. And if need be, they would then consider less serious alternatives of manslaughter and inflicting GBH.
However, if Maughan Jnr is acquitted, Patrick Maughan cannot be convicted of murder, inflicting GBH with intent to Mr Mahon and attempting to cause GBH with intent to Annarica and Hayley Maughan. The jury would then only be required to consider the alternatives.
Truck used 'as a weapon' in crash that killed four-year-old boy[1]
Mum feared driver 'wouldn't stop' before hit-and-run that killed son, 4[2] Mum describes panic moments before fatal crash in son's murder trial[3] 'I'm going to ram them': Court hears of phone call seconds before fatal crash[4]
Footage of murder accused removing number plate from car used to kill boy shown in court[5]
Gran tells of frantic WhatsApp messages before death crash[6] Driver accused of murdering boy, 4, was 'on wrong side of road when he rammed car'[7] Moment murder accused arrested two days after four-year-old's death[8]
Murder accused: 'I didn't know there were any children in the car'[9]
Truck passenger accused of four-year-old's murder in hit-and-run will not give evidence[10] The issues to consider in Patrick's case were "encouragement and intent", said Judge Saxby, explaining he would be guilty of the more serious charges if the jury were sure he "intentionally encouraged" Owen Maughan to ram the other vehicle and at the time of that encouragement, he intended the occupants should be caused really serious harm. However, as far as the lesser alternatives were concerned, they involved encouragement alone and no intent, he added.
"An essential element of all the charges Patrick Maughan faces is that he intentionally encouraged Owen Maughan to ram the other vehicle," the judge said.
"If you are not sure he did intentionally encourage, then all your verdicts [for Patrick Maughan] will be not guilty. He also told the jury that intentional encouragement may be provided "by words, conduct or both". At the start of legal directions, Judge Saxby said that although the circumstances of the case were "shocking", the jurors should not let their feelings influence their decision-making and that a "calm and fair evaluation" was required.
He also reiterated that the burden of proof fell on the prosecution and it was not for either defendant to prove their innocence.
The judge will start to sum up the case on Monday (February 16) once all closing speeches by prosecutor Richard Jory KC and defence barristers Tyrone Smith KC, on behalf of Owen Maughan, and Charles Langley KC, on behalf of Patrick Maughan, are completed.
References
- ^ Truck used 'as a weapon' in crash that killed four-year-old boy (www.kentonline.co.uk)
- ^ Mum feared driver 'wouldn't stop' before hit-and-run that killed son, 4 (www.kentonline.co.uk)
- ^ Mum describes panic moments before fatal crash in son's murder trial (www.kentonline.co.uk)
- ^ 'I'm going to ram them': Court hears of phone call seconds before fatal crash (www.kentonline.co.uk)
- ^ Footage of murder accused removing number plate from car used to kill boy shown in court (www.kentonline.co.uk)
- ^ Gran tells of frantic WhatsApp messages before death crash (www.kentonline.co.uk)
- ^ Driver accused of murdering boy, 4, was 'on wrong side of road when he rammed car' (www.kentonline.co.uk)
- ^ Moment murder accused arrested two days after four-year-old's death (www.kentonline.co.uk)
- ^ Murder accused: 'I didn't know there were any children in the car' (www.kentonline.co.uk)
- ^ Truck passenger accused of four-year-old's murder in hit-and-run will not give evidence (www.kentonline.co.uk)