Fatal Holbeach hit-and-run crash driver loses sentence appeal

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Shane KelkImage source, Lincolnshire Police
Image caption,

Shane Kelk, 28, was jailed for eight years and three months at Lincoln Crown Court

A disqualified driver who left a motorcyclist "dying in the road" after a hit-and-run crash has lost his appeal for his sentence to be cut.

Amy Cooper, 20, died after being hit head-on by the BMW driven by Shane Kelk after he crossed to the wrong side of the road to overtake another vehicle.

It happened on the B1168 near Holbeach, Lincolnshire, on 13 November 2022.

On Tuesday, the Court of Appeal ruled his sentence of eight years and three months was not "manifestly excessive".

Ms Cooper was taken to hospital for treatment following the collision, but she died from multiple injuries the following day.

In February at Lincoln Crown Court, Kelk, 28, of no fixed address, was jailed after he admitted six offences in connection with the fatal crash.

He had pleaded guilty to causing death by dangerous driving, causing death by driving while disqualified, failing to stop at the collision and failing to report, driving without insurance and possessing cannabis resin.

Image source, Lincolnshire Police
Image caption,

Amy Cooper died in hospital the day after the crash in November 2022

The Court of Appeal in London heard on Tuesday that Kelk, who had a string of previous convictions, including for driving offences, initially stopped at the scene and apologised to Ms Cooper, who lay in the road, before fleeing on foot.

He was later collected by his girlfriend and was eventually tracked down by police in Peterborough, Cambridgeshire, the court was told.

Christopher Jeyes, representing Kelk, argued the case centred around "a single poor overtaking manoeuvre" which had taken place "in truly dreadful conditions" when it was dark and foggy.

However, he added there was no evidence of impaired driving, excessive speed or "prolonged" bad driving.

Mr Jeyes accepted it was a "deeply unattractive" fact of the case that his client had made off from the scene, but he argued the sentenced imposed by Judge Simon Hirst at Lincoln Crown Court had been "manifestly excessive".

In a victim statement, Ms Cooper's mother, Amanda, said she found it "inconceivable" that Kelk had left the scene, leaving her daughter in the road.

"She had her whole life ahead of her and didn't deserve it to be cut short like this," she said.

Jeremy Janes, representing the Crown Prosecution Service, said this was a case that fell "wholly and squarely within the most serious category".

He added that the sentence imposed by Judge Hirst was appropriate.

Dismissing the appeal, Mr Justice Johnson agreed, stating: "We are entirely satisfied that it [the sentence] was not manifestly excessive."

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