Death driver has sentence increased
injured two others in the process has had his prison sentence increased.
Selwyn Llewellyn Berkeley will now serve three years in prison for causing the crash which killed Ashanti Keino Smith and injured Vivian Smatt and her son.
He had initially received a 12-month term, but the Court of Appeal ruled that it was an inadequate sentence.
They stated that Puisne Judge Norma Wade-Miller had erred in law in imposing the length of time and in the two-and-a-half-year driving ban handed to the defendant.
At the time, Mrs. Smatt condemned the court for the penalty, saying that the offence was not being treated seriously enough.
She has undergone weeks of surgery and therapy for the injuries she sustained.
Berkeley will now have the three years imposed from May this year, when he was originally sentenced, and will be disqualified from driving for five years.
In addition, he was handed a one-year ban and two-year bans to run concurrently, for causing actual bodily harm. The judge originally imposed a six-month prison term and 18-month bans.
Berkeley, 27, was driving his Subaru at high speed on North Shore Road, Devonshire, on May 2 when he careened onto the wrong side of the road, colliding with a Toyota van driven by Mrs. Smatt.
Ashanti Smith, a close friend of Berkeley, was a passenger in his car and died from multiple injuries. Firefighters had to use cutting gear to release Mr.
Smith, Berkeley, Mrs. Smatt and her children, Adriene and Alexander.
Berkeley, of Hillsdale Estate, Smith's Parish, was injured in the crash and could not be interviewed until August. He pleaded guilty to the offences.
The Court of Appeal stated that the maximum allowed for causing death by dangerous driving was five years prison and a five-year driving ban.
And they said the offences of causing actual bodily harm carried a limit of two years imprisonment and 24-month driving ban. They agreed with the Crown that the sentences were "manifestly inadequate'' in the circumstances of the case, and set the original penalties aside.
