Driver given suspended sentence after causing toddler's death by careless driving

Thursday 27 July 2017

A 39-year-old woman who accidentally killed a three-year-old - Clinton Pringle - after running him over in her van has been given an eighth month suspended prison sentence by the Royal Court for causing death by careless driving.

Rebekah Le Gal was previously acquitted by the Royal Court of 'causing death by dangerous driving' earlier this year - the case hinged on when she had pressed 'send' on a text message before hitting the toddler on Tunnell Street last June.

After summarising the facts, Crown Advocate Mark Temple read a series of impact statements from Clinton's family members. Stacey Pringle, his mum, wrote: "No matter what I am doing, I relive the events of 27 June day by day asking myself why it happened to my son. I do wish I died that day instead of Clinton. I will never be able to forgive the defendant for not trying to help us. I try to move forward every day, but I am stuck in time. Nothing seems to make sense anymore, he was the sunshine of my life."

Pictured: Stacey Pringle described Clinton as the "sunshine of her life."

Clinton's dad Michael Pringle wrote: "Our lives will never be the same. It has been heartbreaking to watch my wife cry uncontrollably day after day. I feel I have aged 10 years in 12 months. Clinton's death was like an atomic bomb that went off in our lives and we are still trying to make sense of it. Learning of Clinton's death is something I wouldn't wish on my worst enemy, it felt like someone had cut my heart out without an anaesthetic. Clinton wasn't just my son, he was my whole world."

Mr Pringle explained that the "only small crumb of comfort" from Clinton's death is that a little girl from the south of England "was given the gift of life" after receiving Clinton's "perfect heart." "She is doing well and making progress," he said.

Clinton's aunt described the aftermath of the accident as "surreal" and said it had a "life-long impact" on her family, especially her daughters. She wrote she lost hope for the future and that she feels guilty as Clinton and his mum wouldn't have been in Jersey if it hadn't been to visit her family.

Pictured: A tribute to Clinton left by his parents at Millennium Park.

Crown Advocate Temple stated as a three-year old boy Clinton was a "particularly vulnerable road user" and that Mrs Le Gal hadn't paid enough "regard". He said: "A driver would expect a child to be in the shared area close to Millennium Park, especially on a sunny afternoon." He also said that Mrs Le Gal's speed gave her "ample opportunity" to see Clinton.

He added the Crown did not regard Mrs Le Gal's good driving record as a mitigating factor but accepted she was remorseful. He also defended the Crown's decision to prosecute her for dangerous driving, saying that although it wasn't successful, they did not accept "it was wrong to prosecute."

He gave Mrs Le Gall "full credit for her guilty plea and an additional discount on the sentence for the remorse she has expressed." He said the Crown had considered the Social Enquiry Report as well as letters of reference written on behalf of Mrs Le Gal.

He continued: "The Crown agrees no sentence custodial or otherwise will ever do justice or recompense to what happened to Clinton. However the Crown considers the offence so serious it merits a custodial sentence and therefore recommends a sentence of eight months in custody and disqualification from driving for 30 months."

Pictured: "He wasn't just my son, he was my whole world" said Michael Pringle, Clinton's dad.

Advocate Matthew Jowitt, defending, opened his address to Jurats Mike Liston and Jane Ronge saying: “The impact statements make for a very upsetting read, but your job is to focus on the driving.”

He continued: “Nothing I say today is to belittle or minimise the pain Clinton's family must be feeling, a pain which we can only imagine. But there is no monopoly on pain and it does not minimise theirs to say Mrs Le Gall will also live with this for the rest of her life.” 

He then argued that Mrs Le Gal’s driving wasn’t borderline dangerous” and that a custodial sentence was “unwarranted and unjustified given the facts of the case and this lady’s personal situation."

Referring to an audit by UK engineer Alexandra Luck - who said that during her time on the scene she didn't notice any drivers modifying their driving because the signs were unclear - Advocate Jowitt said there was a "fault in the road design" at Tunnell Street. He stated: "The design of that road directly contributed to that accident. You will remember the evidence from the mum who said ‘I let Clinton run ahead because I felt it was safe and that we were already in the park.’ She was lured into a false sense of security because of the layout."

Citing ways of mitigation, he said that the clause which says "The action of a third party contributed to the offence" applied, and that the third party was the Parish of St. Helier.

Pictured: Advocate Jowitt criticised the road layout at Tunnell Street saying it "directly contributed" to the fatal accident.

He called the Crown's submission "wrong and unfair" arguing that Mrs Le Gal approached the bend carefully, driving at around 10mph. "There was nothing wrong with her driving after she passed the sign, except she didn't pay enough attention."

Advocate Jowitt said Mrs Le Gal was of "good character" and was praised in a letter of reference for her "honesty and integrity." He said that the legal proceedings had been a "six month ordeal" not only for her but also her husband and sons whose lives were "upset" and that it had been a "serious punishment" for all.

He then read Mrs Le Gal's letter of remorse: "I will never forget what happened on Monday 27 June 2016. It will be with me for the rest of my life. I cannot erase what I saw when I stepped out of the van. I cannot forgive myself for causing the death of Clinton. I can only tell his family how desperately sorry I am and how I wish I could take their pain away. 

"A part of me died the day Clinton died. If it wasn't for my faith and family, I am not sure I would still be here today. I am sorry I did not look carefully enough and I take full responsibility for my failings."

Advocate Jowitt also said that, contrary to the Crown's submission, Mrs Le Gal wasn't at a "low risk" of reoffending but at "no risk" of reoffending as she is never going to drive again. 

He then urged the Jurats to consider a community sentence as "appropriate" saying that Clinton's death was a tragedy for all concerned. 

Pictured: Clinton would have been four on 13 May this year.

Royal Court Commissioner Julian Clyde-Smith was sitting with Jurats Mike Liston and Jane Ronge and deliberated for nearly two hours. Upon their return he said the case was a tragic one "...in which a young child died causing devastation to his mother and father and to his aunt. The impact upon them has been made clear in the profoundly moving impact statements."

He said that there were no "precedents in terms of sentencing" in the jurisdiction and agreed with the Crown's suggestion that 15 months was the right starting point. He also agreed with the Crown's deduction of five months for Le Gal's guilty plea and another two for the remorse she has expressed.

He also said that Advocate Jowitt had given "much mitigation" and described Mrs Le Gall as "an excellent character." He also noted: "It is fair to say this accident has had a devastating effect on her, and her family was deeply affected, especially her children."

He agreed that Mrs Le Gall should have taken "extra care and looked out for vulnerable road users such as Clinton," and also endorsed DC Robert Manners' conclusion that the road layout would have made it "...difficult for someone to determine a vehicle could have been approaching from the right." He added however that this was not "an excuse to a defendant who was familiar with the road and the design and who should have been taking extra care for pedestrians and especially small children."

He stated that a sentence of imprisonment was "warranted" and agreed with the Crown's conclusion. However, "having considered all the material before them" and "in view of all the elements," they had decided to opt for a sentence of eight months suspended for two years. Mrs Le Gall has also been disqualified from driving for 30 months.