Speeding drink-driver John Jolly, from Canterbury, jailed for causing death of friend Stephin Thomas in crash on A291 Canterbury Road, Herne Bay
12:00, 31 May 2016
The family of a teenager killed in a drink-drive smash say they have forgiven the man responsible.
Stephin Thomas, 19, died when a speeding car being driven by close friend John Jolly ploughed through a fence on the A291 Canterbury Road near Herne Bay.
Church-going accountant Jolly, 25, had only passed his test two weeks before and jumped behind the wheel of the VW Golf after a night drinking.
But as he was jailed for three years, Judge Adele Williams revealed Mr Thomas’s “merciful” family had shown compassion and forgiven him.
Canterbury Crown Court heard how Jolly, of St Lawrence Road, Canterbury, pleaded guilty to causing Mr Thomas’s death through careless driving caused by drink.
In May last year, after downing three rum and cokes, Jolly, together with his brother and Mr Thomas, decided to go to Whitstable “to continue their evening out”.
But his car careered off the A291 near the junction with Bullockstone Road as he took a sweeping bend at 60mph, careering into a fence and impaling Mr Thomas.
Walton Hornsby, prosecuting, told the court that the speed limit was 40mph.
Judge Williams told Jolly: “You could not have successfully negotiated that bend at that speed.
“You had too much alcohol that night to be driving and your reactions would have been affected. You were an inexperienced driver.”
She added that pharmacy student Mr Thomas was Jolly’s friend and their respective families were also close.
“I have read a statement from Mr Thomas’s father who speaks on behalf of all the family," the judge continued.
“They take a merciful and compassionate attitude and have forgiven you. I remind myself you did not set out that night to kill anyone.”
"You had too much alcohol that night to be driving and your reactions would have been affected" - Judge Adele Williams
Jolly gave a positive breath test at the scene, but when a blood test was taken two hours later the reading was 62mg - below the legal limit of 80mg.
A back calculation estimated that at the time of the crash Jolly’s blood-alcohol reading would have been 86mg.
Mr Hornsby said Jolly was distraught at causing the death of his friend and injuring his own brother.
He said: “Jolly said it was an overreaction to the oncoming car.
“The car had not crossed the white line and it was his inexperience which had caused the accident.”
Jolly apologised to the family of Mr Thomas, who was studying science at Canterbury College.
He had no previous convictions.
Fraser Coxhill, defending, said the accident had had a tragic and devastating effect on everyone.
Both families attend the same church in Canterbury and Mr Thomas’s family said they had no desire to see another young life ruined.
“Jolly has accepted full moral responsibility for this and is wracked by remorse and guilt at the death of his close friend,” Mr Coxhill said. “He recognises the impact of his actions on others.
“There is no denying the fact that there was alcohol in his blood. His passengers were drinking while in his car. Their families disapprove of drinking.
“Jolly thought that the speed limit on the bend was the national limit and since the crash the local authority has carried out remedial work at the bend.”
Mr Coxhill said Jolly had not driven since the crash and had no intention of ever doing so again.
The judge added: “I accept you have shown very real remorse. You will live with the consequences of your actions for the rest of your life.”
Jolly was also given a three-year driving ban which will begin when he is released from prison.
Investigating officer DC David Holmes said: "This is a tragic case which highlights the risks associated with drink-driving.
"Jolly has now learned a harsh lesson at the cost of others, having participated in drinking in his vehicle and then deciding to continue driving afterwards, knowing the risks.
"His judgement was severely impaired and had he been in a position to fully appreciate his surroundings, he probably wouldn’t have driven in excess of the speed limit, which was clearly too fast for the bend where he lost control.
"As a consequence, the family and friends of Stephin Thomas now have a huge void in their lives as a young and important life has been needlessly lost."
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