A speeding BMW driver who hit 91mph caused the death of his ex-partner after losing control and smashing into trees.
Stephen Matthew Smith was behind the wheel of the car when it veered off the road, collided with trees and rolled over on Middridge Road, Newton Aycliffe, shortly after 6pm on Friday October 9, 2020. His passenger and ex-partner, Kayley Robinson, 37, was airlifted to James Cook Hospital in Middlesbrough following the crash but died as a result of her injuries days later on October 14.
Smith, of Scarth Walk, Stockton, was subsequently arrested and charged with causing death by dangerous driving. He previously pleaded guilty to the single charge and appeared at Durham Crown Court on Wednesday via link to be sentenced.
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Deborah Smithies, prosecuting, said shortly before 6pm Smith left work in Newton Aycliffe in his BMW with colleague and ex-partner, Kayley Robinson in the passenger seat. The court heard that police systems indicate there had been 17 safeguarding reports of domestic violence made since 2011 in respect of their relationship, with Kayley recorded as the victim on each occasion.
When the pair left in the BMW, a witness said Smith "put his foot down" and drove off at speed - he was also seen to be "tail-gating" another car. Smith then went down Middridge Road at "very high speed" and hit 91mph in a 60mph zone, the court heard. Ms Smithies said: "The defendant lost control of the vehicle. He himself says he has no recollection of the accident; but that is the only conclusion to be drawn from the evidence. There was no other vehicle involved."
Other motorists who came upon the scene described the BMW as being on its roof and "smoking heavily" as Smith and Kayley were trapped inside. Brave passers-by came and helped out at the scene and poured water on the car as an ambulance was called. A passing doctor also spoke to Smith, who told him he was "paralysed and couldn't breathe" while clutching onto a mobile phone.
Ms Smithies said: "Kayley Robinson was eventually extracted from the car by attending firefighters. She was immediately assessed by paramedics, she was not breathing and had no pulse. They set about resuscitating and treating her immediately. There was no evidence of obvious external injury beyond a laceration to the left forehead and eyelid. She was transported from the scene by air ambulance."
The court was told that Kayley tragically died at James Cook University Hospital in Middlesbrough on October 14, 2020, five days after the crash. Smith was later interviewed and gave a prepared statement saying he had no recollection of the crash but said he was "absolutely devastated" by Kayley’s death and "will never get over it".
The court was told that a collision investigation report concluded that the undulations in the road just before the crash scene combined with the excess speed at which Smith was travelling would have been a contributory factor for the loss of control.
Ms Smithies added: "It is impossible to be sure of what was happening in the moments before the defendant lost control – but perhaps it matters not. All that can be said with confidence is that he was driving at 91mph in circumstances where that was manifestly unsafe."
Smith had been convicted on 17 previous occasions for 20 offences including dishonesty, violent offences, and offences against public order. The most serious matter on his record is an offence of arson endangering life in 2007. There were no driving offences on his record.
The court heard that Smith was also seriously injured in the crash and is now wheelchair bound. During sentencing, Judge James Adkin said: "Put simply your injuries are your fault and prisons are equipped to deal with offenders who have mobility issues. So your injuries provide only modest mitigation in the context of this case." Smith was jailed for four years and was banned from driving for seven years.
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