Teen driver spared custodial sentence over death

Matthew Toon was driving his Seat Ibiza along Gunby Road at Welton le Marsh when his car left the road and hit a tree

A teenage driver who caused the death of his friend just three weeks after passing his test has been spared a custodial sentence.

Lincoln Crown Court heard Matthew Toon, then 17, admitted driving "too fast" along Gunby Road at Welton le Marsh in September 2022 when his Seat Ibiza left the road and hit a tree.

His friend, Lewis Marvill, 17, who was one of two rear-seat passengers in the Seat, died in hospital six days later.

Judge Simon Hirst sentenced Toon, now 19, to 12 months in a young offenders' institution but suspended it for two years.

The front seat passenger, Seth Needham, also 17 at the time, suffered serious injuries including a fractured neck vertebrae and broken hand.

The court heard Toon, of Chauntry Road, Alford, was driving back from Skegness with his three passengers when he lost control shortly after negotiating a left-hand bend.

Stuart Lody, prosecuting, said Toon was driving too fast for the prevailing conditions and for that bend.

A victim impact statement was read out in court by Mr Marvill's mother, Lisa Barker.

She described how the day had started well with her own birthday and the birth of a grandchild but her "whole world changed" when she received news of the crash.

The court heard Mrs Barker was now moving from her home in Alford as she could not bear to live near Toon.

'Irresponsible'

Mr Marvill's father, Mark Marvill, also read out a statement and said Toon had taken away his son's life by irresponsible and reckless driving, which showed a total disrespect for human life.

In his victim statement, Mr Needham described how he suffered from flashbacks, now hated being in a car and also missed Lewis.

The court heard Toon had no memory of the crash and made no comment when he was interviewed by the police.

He pleaded guilty to death by careless driving on 7 September 2022 and also admitted a second charge of causing serious injury to Mr Needham.

Tom Gent, mitigating, urged the court to pass a suspended sentence.

He explained that data from the Seat showed Toon had been driving "a shade under 58mph" (93kph) and while that was within the speed limit, it was accepted it was marginally too fast and led to a loss of grip when the Seat exited the bend and encountered a camber on the straight section of road.

"It should not be overlooked that Mr Toon was a close friend of Lewis," Mr Gent added. "This will haunt him forever".

'Loved young man'

Mr Gent said: "[Toon] has made every effort to not cross paths with Lewis's mother, he understands the pain that might cause."

Passing sentence, Judge Hirst said he was "just persuaded" that a custodial sentence could be suspended.

He said it was clear Mr Marvill was a "much-loved young man who was at the beginning of his life" and told Toon the impact of his driving on the parents and those close to Mr Marvill would never end.

Judge Hirst said Toon had strong personal mitigation and did not pose a risk to the public, with a realistic prospect of rehabilitation.

Toon must also complete 200 hours of unpaid work in the community and 20 rehabilitation activity requirement days. He was further disqualified from driving for 12 months and must take an extended driving test.

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