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Driver jailed over death of five-year-old boy has appeal bid dismissed

Darren Jacques was jailed last December over the death of Layton Darwood in August 2020.

Callum Parke
Tuesday 13 August 2024 08:17 EDT
Layton Darwood, five, died in August 2020 (Northumbria Police/PA)
Layton Darwood, five, died in August 2020 (Northumbria Police/PA)

A disqualified driver who caused the death of a five-year-old boy has had a bid to reduce his sentence thrown out by the Court of Appeal.

Darren Jacques was jailed for six years following the death of Layton Darwood in what three senior judges called an ā€œextremely traumaticā€ incident in Fenham, near Newcastle, in August 2020.

Barristers for Jacques, who was 42 when he was sentenced in December last year, argued at a hearing on Tuesday that the sentence was ā€œmanifestly excessiveā€ and should be reduced.

But the judges dismissed the appeal bid, stating that the sentence was ā€œfully meritedā€ and that the challenge was ā€œnot arguableā€.

A sentence of six years' imprisonment is fully merited

Mr Justice Cavanagh

Giving their ruling, Mr Justice Cavanagh, sitting with Lord Justice Warby and Mr Justice Wall, said: ā€œA sentence of six yearsā€™ imprisonment is fully merited.

ā€œIt is not unjust in the circumstances of the case.ā€

Jacques, previously of Penrith, Cumbria, had 26 convictions for 54 offences between 1997 and 2023, including 11 motoring offences.

He had also been disqualified from driving four times, including once in 2018, with the judges describing his record as ā€œappallingā€ and as showing ā€œhabitual floutingā€ of the law.

Despite still being banned on the day of the incident, he had been driving a Ford Transit tipper truck for work between Durham and Newcastle, which had a digger on a trailer attached at the back, stopping at a shop to buy alcohol.

While inside, Layton climbed onto the trailer parked on Willow Avenue, which went unnoticed by Jacques before he drove away.

After the vehicle began moving, Layton attempted to step off the trailer but fell and was run over, suffering fatal injuries.

Jacques originally gave a false name to police but was later convicted of causing death by driving while disqualified in September last year following a trial at Newcastle Crown Court.

He was also disqualified from driving for a further six years upon his release.

Barrister Chris Knox, representing Jacques on Tuesday, said that while the consequences of Jacquesā€™ actions were ā€œdesperateā€, they were ā€œat the very bottom end of bad drivingā€.

He said: ā€œThis is a case where the level of culpable driving was actually very low.ā€

He continued: ā€œThe driving is not itself criticised beyond his failure to check.

ā€œIt is not a case in which there was gross driving, it is not a case in which there was intoxication or a case where there was speed, or where there was a dangerous manoeuvre.ā€

But the three judges dismissed the appeal bid, stating that Laytonā€™s death was ā€œdevastating for the victimā€™s familyā€ and describing the sentencing judgeā€™s approach as ā€œconspicuously clear, thoughtful and thoroughā€.

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