Court seeks tougher penalties as killer driver jailed
A drink-driver who caused a young woman’s death in a collision while leaving her companion badly injured has been jailed for four years.
Calin Maybury, 30, “should never have been on a bike on the road that night — he was three times over the legal limit, and on the evidence his speed certainly was excessive”, Puisne Judge Alan Richards told the Supreme Court as he prepared to deliver sentence.
The two-motorcycle crash in Southampton on the night of July 29, 2022 claimed the life of Troni Aisha Robinson-Burgess and inflicted grievous bodily harm on Jaziah Richardson Webb, the pillion passenger, who listened remotely to Maybury’s sentencing hearing yesterday.
Mr Justice Richards opened by reflecting on what Ms Robinson-Burgess could have achieved, and had already accomplished with her life, before it was “very cruelly cut short”.
He noted she had been 22 and looking forward to “many decades of achievement and fulfilment”.
Mr Justice Richards added: “I also wish to pay tribute to the courage and fortitude of Jaziah. Her life was changed that night not only by the loss of her friend, but by the multiple serious injuries she sustained.
“Her journey since then has been a long, painful one. I applaud her for her accomplishment and determination.”
A man jailed for causing death by dangerous driving had been acquitted in October 2015 of causing death by careless driving after he admitted falling asleep at the wheel on Kindley Field Road in St George’s during the 2014 Cup Match holiday.
In that case, Calin Maybury was cleared by a jury of causing the death of Melvin Smith — when his car crashed into a tent near the roadside in the early hours of August 2 — and causing grievous bodily harm to Mr Smith’s wife, Dawn Santucci-Smith.
During the four-day trial, the court heard how Mr Maybury had not slept for nearly 24 hours before the crash. Blood tests showed no alcohol or drugs in his system.
Jurors also heard evidence that Mr Maybury appeared distraught in the aftermath, and prayed with the victim’s brother before police arrived at the scene.
Mr Justice Richards said: “Let me be clear — it was not supposed to be either of you. Both these young women should still be here, whole and unharmed.”
He told Ms Webb, who had spoken of her “survivor’s guilt”, that none of what happened was her fault.
Mr Justice Richards said crashes “far too frequently occur on Bermuda’s roads” because of “someone on a bike in a hurry”.
“Far too many road users, and I am speaking predominantly of young men, think they are too skilful to be the one that causes an accident.”
While Mr Justice Richards did not accept the Crown’s case of Maybury driving at the upper end of his vehicle’s speed, he found his speed was still “significantly in excess of the speed limit”, making it “not surprising he failed to control his vehicle and ended up in the middle of the opposite lane”.
He said Maybury’s record showed speeding offences, including one six months before the fatal collision and two others in the previous two years.
Mr Justice Richards said Maybury was entitled to a one-third discount on his time in custody given his guilty plea.
“I also acknowledge that I believe Mr Maybury’s remorse to be genuine,” he added. “I accept the good things said about him in various character references.”
The judge was unsparing in his assessment of the island’s sentencing regime, noting that the maximum for causing death by dangerous driving was 12 years’ imprisonment, while the GBH charge carried a maximum of eight years.
Maybury, who has been on remand since April, was given four years behind bars for the first offence and two years for the second, to be served concurrently and with time in custody taken into account.
Mr Justice Richards added: “You will also be disqualified from driving for five years from today, which is the maximum available to me under the sentencing regime.
“Lastly, I will add my voice to that of the Court of Appeal and respectfully encourage legislators to look again at the sentencing regime for these and other traffic offences.
“They should be able under our system of government to consider whether changes should be made to various applicable maximums, and look at the current circumstances on our roads and international trends.”
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