Jailed driver who had never had driving lesson before crash which killed passenger loses appeal
Ashley David Lovekin, aged 25, lost control of a Peugeot 206
while racing another car before slamming into a lampost in a collision
which left 31-year-old Nicola Robinson dead.
Lovekin, who
previously served a custodial term for killing his mother's boyfriend -
was jailed for five years and eight months at Wolverhampton Crown Court,
last July.
He admitted his dangerous driving caused Ms Robinson's death, as well as serious injury to his other passenger.
Lovekin,
of Springfield Road, Dudley, was also ruled a 'dangerous' offender and
was ordered to serve five years on extended licence after his release. Three
senior judges at a hearing on Friday at London's Appeal Court rejected a
sentence challenge by Lovekin, saying the judge was 'perfectly
entitled' to find him a danger to society.
Mr Justice Mitting said
Lovekin climbed behind the wheel of the Peugeot at about 3.45am on
August 4, 2013 - despite having no licence, no insurance and never
having had a driving lesson.
With Ms Robinson and a 23-year-old
man in the car, Lovekin was spotted travelling at over 50mph in a 30mph
zone along Birmingham Road, Blakenhall, in the lead up to the crash.
While racing an Audi and pulling in and out of his lane, Lovekin lost control of the car and smashed into a lamppost.
Ms Robinson was killed instantly, while the other passenger was also badly hurt and Lovekin received minor injuries.
The judge who jailed Lovekin said he had been 'racing' in a built-up area and travelling at 'excessive speed'.
Mr
Justice Mitting said Lovekin had previously been handed seven years'
detention, in September, 2008, after he was convicted of manslaughter
for stabbing to death his mother's partner.
On appeal, Lovekin's
lawyers insisted that he was 'not a menace' and that he had shown
genuine remorse and that the risk of him behaving in the same way again
was minimal.
Lovekin, they argued, had vowed to turn over a new
leaf after seeing 'the horrific consequences that can follow from stupid
behaviour'.
However, Mr Justice Mitting, sitting with Lord
Justice Jackson and Mr Justice Jay, said Lovekin's punishment was
'entirely justified'.
He added: "The judge was entitled to find
that the sentence must protect the public from the significant risk of
serious harm posed by further offending.
"For that reason...this renewed application [for permission to appeal] is refused."
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