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Family lose appeal against 'slap on wrist' for Medway City Estate fatal crash driver

05:00, 07 December 2021

updated: 11:16, 08 December 2021

The family of a dad-of-two who died in a crash have lost their attempt to appeal against his killer's sentence.

Gillingham man Lloyd Donovan died from his injuries after a crash on the Medway City Estate on October 30, 2019, when his motorbike was involved in a collision with an Audi driven by Peter Ross.

Lloyd Donovan was killed in a crash in 2019
Lloyd Donovan was killed in a crash in 2019

A subsequent trial heard the speed of Mr Donovan's bike "was a contributory factor" in the crash but that Ross had turned right across his path as he turned from Anthony's Way into Chaucer Close, causing the collision.

Ross, of Old Road West, Gravesend, was convicted of causing death by dangerous driving but Mr Donovan's family were left outraged when he walked free from court in August this year with a two-year suspended sentence.

This week they spoke out again after an attempt to appeal against the sentence was rejected by the attorney general Suella Braverman.

Lloyd's step-father Brian Bradford, from Swanscombe, said the decision was "disappointing", especially after legal experts involved in the case had suggested they could expect Ross to receive a custodial term.

"When he was found guilty we spoke to the barrister from the CPS and he said he would expect anything from two to five years," said Brian. "You have that in mind when you wait for the sentence, so it was not what we expected.

Brian Bradford with stepson Lloyd Donovan (right)
Brian Bradford with stepson Lloyd Donovan (right)

"For him to walk away from court without a custodial sentence was not nice. He's been found guilty of a serious offence and effectively he's got a slap on the wrist. That's what it appears to me. A suspended sentence is not much at all for an offence of that nature.

"That's what I couldn't understand. I found it hard to accept."

He said the impact of the crash had been devastating for Lloyd's family, who were still trying to come to terms with his loss.

"It's been awful," said Mr Bradford, "My wife - his mother - has lost her son. The last couple of years have been very upsetting for her. This time of year is obviously especially hard as well.

"His wife Nic was devastated. They were married for four years and were trying to start a family. It's had a huge impact on his sister, Roxanne."

Anthonys Way, Medway City Estate, after the fatal collision
Anthonys Way, Medway City Estate, after the fatal collision

He said his stepson had been a good bloke and a family man, adding: "His heart was in the right place, and he would do anything for you. He thought the world of his mum and his wife. That's what makes it a bigger loss.

"He was a nice bloke - he was a good bloke to have around."

Writing to Mr Donovan's mother Sue and stepfather Brian, the attorney general stated: "I am sorry to tell you that after carefully considering this case the former Solicitor General, Lucy Frazer QC MP concluded that it would not be appropriate to refer the sentence to the Court of Appeal as she did not believe that it would be increased.

"The Solicitor General may take these decisions as well as myself. I realise this news will be disappointing to you. After making her decision, Lucy Frazer MP QC was asked to take on a new ministerial portfolio, and so I wanted to write to you personally to explain her decision.

"The Court of Appeal will only grant permission to refer a sentence in exceptional circumstances, for example if the judge has made some gross error, or has passed a sentence that falls outside the range of sentences which a judge, applying their mind to all the relevant factors, could reasonably consider appropriate. This threshold is a very high one to meet."

She went on to explain that dangerous driving cases were divided into three categories of seriousness, under sentencing guidelines, and that this case had been judged to be a Level 3 offence. She added: "This decision was a reasonable one to make. Therefore, the very high threshold for a sentence to be referred to the Court of Appeal as unduly lenient was not met."

Floral tributes were laid after the fatal collision on Medway City Estate
Floral tributes were laid after the fatal collision on Medway City Estate

Mr Bradford and Lloyd's mother have now spoken to MP Gareth Johnson, who has also criticised the sentence as being overly lenient, but the couple are uncertain what step to take next, having been left disheartened by the legal system.

"The next thing would be to go through a legal process, and employ a barrister, but we can't afford that," said Mr Bradford. "Ultimately when you read this letter it doesn't give you any faith that it would change the result.

"It's a lack of justice for Lloyd, that's what's frustrating. I don't feel Lloyd has got justice for what happened. Please, someone explain to me how a two-year suspended sentence is relevant to somebody who has terminated someone's life?

"I think something has got to be done. I don't want to walk away without trying my best for Lloyd, and I don't think he's got justice for what happened."

Dartford MP Gareth Johnson said he had met with Mr Bradford to discuss what he described as an "awful tragedy that has devastated him and his family".

He added: "I was shocked to hear that such a lenient sentence was imposed on this man for taking the life of his stepson. The criminal justice system exists to provide justice to the victims of crime and their families but when an unfair and lenient sentence is given out by a court it understandably leaves them feeling cheated. It is simply wrong for somebody to be left feeling totally let down by the system."

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