A hit-and-run motorist jailed for killing an 18-day-old baby after crashing into his pram has had his sentence increased at the Court of Appeal.
James Paul Davis, 36, was driving an unregistered BMW and using his mobile phone when he collided with another car before mounting the pavement, causing the death of Ciaran Leigh Morris.
Davis fled the scene of the crash on Brownhills High Street, near Walsall, West Midlands, on Easter Sunday last year.
Baby Ciaran’s parents had taken him on one of his first trips out when the tragedy happened. His mother was left with a broken collarbone.
Davis was seen running away on CCTV before he told a passer-by that he had “killed a baby and was going down for a long time”.
He eventually called police 40 minutes later to inform them of the crash.
Davis was originally handed six-and-a-half years behind bars at Wolverhampton Crown Court in April this year, after being convicted of causing the death of the infant by dangerous driving while uninsured.
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But the sentence was referred to the Court of Appeal by the office of the Attorney General, Suella Braverman QC, which argued it was “unduly lenient”.
On Wednesday, judges increased Davis’ prison term to 10 years after ruling the trial judge, John Butterfield QC, had acted in error.
Oliver Glasgow QC, representing the Attorney General, said Judge Butterfield failed to properly consider some factors that increased the seriousness of the crime – including his excessive speed.
He told the court: “Not only did (Davis) not have insurance, the car itself had not been registered, it was a car that should not have been on the road.”
Davis was “simply not looking at where he was going”, Mr Glasgow said.
The court heard that 16.5 seconds before the collision Davis was driving at 67mph.
He slowed down to 33mph as he approached a roundabout, six seconds before the crash.
He then veered onto the wrong side of the road into the path of an oncoming car.
“The offender must have been using his phone. At the time he swerved from one lane into another, there was no attempt to brake or avoid the collision,” Mr Glasgow said.
Davis, who attended the appeal hearing from HMP Birmingham via video link, at the time told police he had “lost consciousness temporarily” due to a coughing fit.
Charles Crinion, mitigating, said Judge Butterfield was “careful” when passing sentence and was “best placed to assess each factor”.
Mr Crinion also said Davis was driving at the speed limit at the time of the collision.
His previous speed was “very closely connected but not the cause” of the fatal crash, the barrister said.
Lady Justice Carr, sitting alongside Mr Justice Fraser and Judge Deborah Taylor, told the court: “We remark at the outset that no sentence can bring Ciaran back to his family.
“A term of around seven years should have been the platform from which to consider additional aggravating and mitigating factors.
“We consider there were multiple significant additional factors… A custodial term of 10 years was warranted.”
The Attorney General welcomed the increased sentence.
Following the hearing, she said: “Today my thoughts are with the family of Ciaran Morris, who was tragically killed by the criminally dangerous driving of James Davis.
“While no sentence can repair the damage caused by Davis’s actions, I welcome the decision of the court to impose a sentence that better reflects the dreadful offending that has taken place.”
Ciaran’s parents paid tribute to him, saying: “Mommy’s and daddy’s hearts will always ache, we love you more than anything.
“We didn’t get to keep you for long but we are happy we had the chance to meet you, look after you and call you our son. Fly high angel.”
His great aunt, Lisa Ford, told Sky News how the tragedy had “ripped apart” the close-knit family.
A crowd-funding campaign to pay for the funeral raised thousands of pounds after being flooded with donations within three days of being launched.
