A West Cumbrian man has been jailed after judges ruled his original suspended sentence for causing a woman’s death was unduly lenient.
Simon Nicholson, 22, of Meadley Place, Cleator Moor, was given a three-and-a-half-year sentence yesterday for causing death by careless driving while over the prescribed limit of a specified drug.
He was also sentenced for two counts of causing serious injury by careless driving.
In March, he had been given a suspended sentence for the offences.
The case was heard in the Court of Appeal by Lord Justice Males, Mrs Justice Cutts and Her Honour Judge De Bertodano after being referred by the Solicitor General to the Unduly Lenient Sentences scheme.
Cumbria police were called to a report of a collision on December 22 2023 on A66 near Marron Bridge.
The incident involved Nicholson’s vehicle, a Volkswagen Golf, and a Suzuki Jimny.
A forensic collision investigation found Nicholson was travelling westbound on A66 towards Workington when his vehicle crossed onto the eastbound carriageway and collided with the Suzuki.
Maureen Henley, 72, a passenger in the Suzuki, died in hospital later that day because of her injuries. The driver of the Suzuki was airlifted to hospital with serious injuries, and three passengers in Nicholson’s vehicle suffered serious and minor injuries.
Nicholson carried out a drugs wipe and breath test at the scene, which were negative. However, a further blood test showed he was over the prescribed limit for Benzoylecgonine.
Detective Constable Caroline Middleton, of Cumbria police’s serious collision investigation unit, said: “There is no excuse for drug-driving and getting behind the wheel whilst unfit, and this case highlights the tragic consequences it can have.
“Nicholson told officers at the scene that he did not take drugs; however, his blood test confirmed that he was over the prescribed limit.
“In his police interview, Nicholson claimed that the vehicle Maureen was travelling in had come onto his side of the road. However, physical evidence and witness accounts confirmed this was not the case.
“The investigation team strongly believed the evidence supported a custodial sentence and was keen to see the case reviewed by the Court of Appeal.
“We are pleased that the appeal was heard and that the court recognised the strength of the evidence presented.”
