Why wasn't teen driver who killed three people locked up for longer?

The brother of chef Simon McHugh, who was wiped out in the head-on smash along with taxi driver Sohail Ali, has spoken movingly of his hurt and distress.

Alastair McHugh wrote on Facebook: “Is that justice? So upset it hurts it hurts so much! My brother’s life only seems to be worth 12 months.”

Jack Simpson

Hundreds of others have taken to our Facebook page to express their dismay that 16-year-old Simpson will serve three years in detention and be out on licence by his 19th birthday.

“I'd love to know what was going through the judge’s head when he imposed this sentence,” one man says.

Having sat through this dreadful case, I can maybe help to answer that and some of the many other questions people are asking. I am not a lawyer, nor am I an apologist for the Sentencing Council guidelines. But I can maybe help to explain a few things.

So, let’s start with:

Why wasn’t Simpson locked up for life?

The maximum sentence for causing death by dangerous driving was 14 years in custody until June 28, when the law was changed. This horror smash was on June 13. The new life sentence provision can’t be backdated so it simply wasn’t available to the judge. It will be in the future.

So why didn’t he get the full 14 years for such a case?

The law demands that credit is given for a guilty plea of up to one third even if a criminal is caught at the wheel of a stolen vehicle after wreaking havoc or a three-strike burglar leaves his DNA in a ransacked room and is seen on CCTV making off.

It could easily be argued that knocking such an amount off a sentence when a offender is bang to rights is just plain wrong. The ‘credit’ diminishes as the case progresses to trial but even if an old lag runs a risible defence right up to the last minute, they still get some discount.

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Simpson pleaded guilty at his first appearance at the Youth Court so had to receive a third off the sentence he would have received had he run a trial.

Because he is 16, the judge was compelled by law to knock another great chunk off the sentence he would have given for an adult. This is half to a third, depending on aggravating features, and they were numerous here. Simpson killed three people while driving a stolen van on false plates in a police chase, unlicensed and uninsured. He was on bail and out and about at night in breach of a curfew.

Dashcam footage shows the police chase prior to M606 triple death crash

So, this is the maths as spelt out by the Recorder of Bradford: “The maximum sentence is 14 years as it predates the increase to life imprisonment introduced just days later on 28th June 2022.

“You can consider yourself fortunate to have missed that increase in the maximum sentence by just days because in all likelihood, you would have received a longer sentence than I am about to pass which in turn, would have seen you serve a much longer period in custody.”

Judge Mansell then listed the many aggravating features of the case and went on: “My view is that a sentence of 14 years, ie the maximum sentence, would have been more than justified for an adult offender.

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“I must then discount the sentence on the grounds of youth and immaturity, applying the Youth Sentencing guidelines.

“I remind myself that you were nearly 16 when you committed these offences and were on police bail for burglaries.

“I also note that the competence of your driving, up to but excluding the point of collision, showed a previous experience of driving vehicles illegally, ie without insurance and a licence.

Judge Mansell had to take into account the fact that Simpson had been exposed to violence and had other issues that affected his social, emotional and behavioural development. The law is weighted very heavily against locking up juveniles at all. This was quite clearly an obvious exception, but such matters still have to be taken on board by judges, including that it is deemed correct that time spent locked up hangs more heavily on the young.

So, knocking a third off 14 years for his age gives a little over nine years, with another third off for a prompt guilty plea, making six years concurrent on each.

So why can’t it be six years for each of the lives he took?

Two of the M606 crash victims Sohail Ali and Simon McHugh

A very good question. I had to ask a barrister the answer. Here it is: The guidelines which the judge is required by law to follow already make it an aggravating feature of the case that there were multiple deaths caused. So that feature is already reflected in the sentence. This principle was affirmed as recently as 2017 by the Court of Appeal in a case involving four deaths.

Judge Mansell continued: “These sentences will be regarded by many as placing a wholly inadequate value on the lives of Mr Ali, Mr McHugh and Mr Leadbeater They are not intended to place a value on their lives, and the sentences are in truth the maximum sentences I could pass on you for such offences.

“You will serve half the period of six years in custody, less time on remand to date and then will be released on licence.”