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Last Updated: Monday, 12 June 2006, 18:43 GMT 19:43 UK
Jail cut for child death L-driver
L-driver Paul Cambray
Paul Cambray's conviction stands despite having his sentence cut
A learner driver who killed a boy of two when he crashed unsupervised onto a beach has had his jail term cut at the Court of Appeal.

But Paul Cambray, of the Isle of Wight, lost his appeal against his conviction for causing the death of Maximillian Young, of London, by dangerous driving.

Cambray, 46, of Great Preston Road, Ryde, had his sentence reduced from eight to six years.

The incident happened at Yaverland on the island on 24 July 2004.

...a sentence of eight years and above is reserved for the category of higher culpability, into which this case did not fall
Lord Justice Moses

Cambray was also found guilty of dangerous driving and the unlawful wounding of the boy's father, who suffered two broken ribs and a smashed pelvis.

Lord Justice Moses, sitting with Mr Justice Keith and Judge Gordon QC, cut Cambray's sentence despite describing him as an "awful" driver whose actions had been "disgraceful".

He said: "We hope that the family can appreciate that consistency is an important feature in the sentencing process and a sentence of eight years and above is reserved for the category of higher culpability, into which this case did not fall."

He added "no sentence" could "begin to reflect the tragedy" the boy's family suffered or "compensate them" for what happened.
BMW after plunging on to beach
The BMW went over the sea wall and landed on Yaverland Beach

The judges dismissed arguments that Cambray's original conviction was unsafe because jurors were not given an alternative option of convicting him of causing death by careless driving.

Cambray's powerful 3.5-litre BMW - which he was driving without having passed a driving test - fell on the toddler and his father Charles, who were visiting the island with Maximillian's mother, Antje.

'Foot slipped'

Evidence was heard in court which showed Cambray had driven his car unsupervised on several occasions prior to the accident.

Cambray's trial at Portsmouth Crown Court heard he was "truly sorry" for what had happened.

He told police his foot slipped from the brake to the accelerator, causing the car to fly off an 11-foot-high sea wall before landing on the beach below.

He was originally jailed last September for eight years for the offence of death by dangerous driving, 12 months for dangerous driving and three years for the wounding charge, all to run concurrently.

He was also banned from driving for 10 years and was told he would have to complete an extended driving test after this period.




SEE ALSO
Jail for toddler death L-driver
26 Sep 05 |  Hampshire
L-driver guilty of toddler death
23 Jun 05 |  Hampshire
L-driver speaks of toddler death
17 Jun 05 |  Hampshire
Boy 'killed on beach by L-driver'
07 Jun 05 |  Hampshire
Driver denies beach toddler death
18 Mar 05 |  Hampshire

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