A driver convicted of killing a pensioner being pushed by his wife across a road in a wheelchair has been spared immediate jail. A judge found Stuart Lefevre was distracted by his satnav when he collided with Joan Powell as she pushed her husband Raymond across Cleeve Hill on March 6, 2020.
Bristol Crown Court heard a shocked Lefevre, who stopped at the scene and helped Mrs Powell and police, was heard to say he didn't see them as he was looking at his satnav. Tragically, a month after the impact, 91-year-old Raymond died due to injuries sustained.
Lefevre, 47, of Leighton Road in Knowle, denied causing death by careless driving. Last month a jury of eight women and four men took two hours and 24 minutes to unanimously convict him. Today (Friday, August 19) Judge Mark Horton handed him four months in jail, suspended for two years.
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The judge told the court: "He (Lefevre) was distracted by his satnav. His failure to see them was caused undoubtedly by an avoidable distraction, which is regarded as serious.
"No sentence can bring back the departed and no sentence can put a price on life. The court has no doubt he will carry the shadow of the deceased upon his shoulder for the remainder of his life."
Lefevre was ordered to carry out 100 hours' unpaid work and was banned from driving for 15 months. He was told to pay court costs of £3,500 and a victim surcharge of £122.
Ramin Pakrooh, prosecuting at the trial, showed a jury dashcam footage from Lefevre's Honda Civic in which the Powells can be seen crossing the road from right to left. The dashcam shows the collision, which occurred after Lefevre turned right into the road and accelerated to an estimated 23mph.
Mr Pakrooh said Mr Powell was knocked from his wheelchair and an ambulance conveyed him to Southmead Hospital. He was diagnosed with a fractured right knee and abrasions, the court heard.
On March 31, 2020, he was transferred to a care home in Thornbury but, sadly, on April 9 he passed away. A post mortem revealed his death was caused by immobilisation after the collision and a combination of pneumonia, leg injury and frailty.
Janis Skudamore, a registered nurse, told the jury she came upon the scene in her car and saw Mr Powell lying in the road. She said the driver of the car which collided with him was very stressed.
She told the court: "He introduced himself as Stuart. He said he hadn't seen them as he was looking at his satnav after pulling out of the junction.
"I waited until the ambulance arrived and the ambulance took away Mr and Mrs Powell."
Under cross-examination Ms Skudamore confirmed she heard Lefevre say something, either to her or someone else. She said: "I don't remember the exact words he said, it was something like he didn't see Ray and Joan because he was looking at his satnav after pulling out of Cleeve Hill extension."
PC Sarah Smith confirmed Lefevre gave a negative roadside test for alcohol. She told the court he offered his dashcam to police, and told her he had accelerated out of the junction, looked up and there was the lady and gentleman travelling across the road.
PC Smith did not recall Lefevre mentioning he may have been distracted by his navigation. The court has heard there were no issues with Lefevre's car.
Lefevre told the jury he had negotiated a busy junction before the collision. He said he was not conscious of the Powells crossing in front of him, and was very much surprised when he saw them and applied his brakes as heavy as he could.
Lefevre said impact with Mr Powell's wheelchair felt like a shunt. He told the jury that he told police he had absolutely no idea what happened.
He recalled during the trial: "As I was trying to understand what an earth just happened I said I may have been momentarily distracted by my navigation. I had absolutely no idea how what just happened happened. I was reaching for some modicum of an explanation as to the answer to that question."
Lefevre said he was not consciously looking at his satnav before the impact. He said he remained at the scene after police told him he could go and messaged Mrs Powell the next day to check on how her husband was.
Mrs Powell confirmed Lefevre stayed with her at the scene, was very apologetic, kept in touch and had sent a food hamper. She said the loss of her husband caused heartache and pain, and Covid had robbed her of giving him a proper send-off with family and friends.
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