March 4, 2013

ORIGINAL SENTENCE OVERTURNED FOR DANGEROUS DRIVER

A finance company boss, who caused a crash back in May 2010 which left a passenger of another vehicle permanently disabled, has had his original sentence overturned.

Michael Berry avoided jail when it was claimed that due to his job, a jail sentence could mean the collapse of the company and potentially put 17 jobs at risk.

However, with the woman involved in the accident spending four months in hospital and needing to use crutches to walk, the Court of Appeal overturned the decision and ruled that Berry must serve 12 months in prison.

At the original trial he was given a fine of £50,000, a suspended 18 month jail term and a five year driving ban.

Sir Declan, sitting with Lord Justice Higgins and Mr Justice McCloskey in the Court Appeal said: “In our view there were no circumstances justifying the exceptional course of suspending the sentence of imprisonment in this case and accordingly we consider that the sentence was unduly lenient.”

The 12 month prison sentence will now take place of the suspended term and fine however, Mr Berry will still keep his five-year driving ban.

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