Driver who caused biker's death near Barnsley released from jail after Court of Appeal ruling

Judges ruled the sentence handed to Raymond Dagnall was too harsh

Aaron Smith, 25, was killed when he collided with Raymond Dagnall's car in November 2023
Author: Danny Halpin, PAPublished 28th Jan 2025

An 80-year-old driver who caused the death of a motorcyclist when pulling out of a junction is set to be released from jail after his sentence was reduced at the Court of Appeal.

Aaron Smith, 25, was killed when he collided with Raymond Dagnall's car on November 22 2023 at around 7.30am in South Yorkshire.

Dagnall pulled out past a give way sign at the junction of Harvest Close and Park Road, near Barnsley.

He admitted death by careless driving and was given an immediate prison sentence of 12 months.

The Court of Appeal quashed this sentence on Tuesday and replaced it with an eight-month prison term, suspended for 18 months, after taking into account "very significant" reasons in his favour.

Lady Justice Andrews, sitting with Mr Justice Lavender and Mr Justice Swift, said: "In this case, we feel that the judge did get it wrong."

He remains disqualified from driving for seven years.

Rebecca Stevens, for Dagnall, said he had a "momentary lapse of judgment" and performed an "unsafe manoeuvre".

She told the court: "There was no mandatory stop sign at the junction. He did slow. He pulled out at a normal speed. He inexplicably did not see the motorcycle."

Dagnall gave up his driving licence, vowed never to drive again and considered taking his own life following the incident, the court heard.

The Crown Prosecution Service opposed the appeal, with its barrister, Nicola Quinney, telling the court: "It is accepted that the give way sign does not mean that one has to come to a stop, but it does mean that one ought to slow down and give way to traffic on the road.

"From the CCTV, he simply came out of the junction without having paid any attention to vehicles on the road."

Handing down judgment, Mr Justice Lavender said the judges had chosen to reduce Dagnall's sentence because of his "genuine and considered remorse, and the extent to which he himself has suffered as a result of the collision".

He said Dagnall has experienced anxiety and post-traumatic stress disorder, and had a previously "unblemished" driving record with no previous convictions.

He also supports his 57-year-old wife who suffers from epilepsy.

Dagnall appeared by video link from prison and sat with his head buried in his arms as Mr Justice Lavender said he was described as being "truly riddled with guilt" by the sentencing judge.

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