 Amy Gonzales wanted to be a dancing teacher |
A decision to cut the sentence of a drink-driver who killed a teenage girl while driving at speed makes a mockery of the law, safety campaigners claim. On Thursday the Court of Appeal reduced Craig Smith's six-year prison sentence by a year - sparking angry reaction.
The court said his blood-alcohol level was not as high as in many cases and, as he pleaded guilty, a starting point for a sentence was about four years.
Smith, 22, of Eaton Socon, Cambs, hit Amy Gonzales, 18, last Christmas Day.
He also had his 15-year driving ban cut to seven years after the court said that length of ban was only justified in the case of a driver who was "shown to be a continuing danger to the public".
Following the decision Caroline Chisholm, of safety campaign group Brake, said the sentencing made a mockery of the law, which had been changed to create more appropriate penalties to punish death by dangerous driving.
 | I don't understand how someone with such a callous disregard for human life can only be put away for five years  |
"It's disgraceful that the appeal courts have shown leniency to drunk-driver Craig Smith, while the family of Amy Gonzales is left to serve a life sentence," she said. "Lord Woolf (the Lord Chief Justice) and circuit judges need to examine their consciences for letting killer drivers get away with serving only a fraction of the maximum sentence for destroying innocent lives."
She added: "This decision defies the government's policy on tougher sentences, which saw the maximum sentence for killer drivers recently increased from 10 to 14 years."
Smith had been driving his BMW at up to 54mph when it struck Amy, who died four weeks later, and her boyfriend Paul Ray, 22, as they crossed St Neots High Street.
A breath test revealed he had 54mg of alcohol in 100ml of breath. The legal limit is 35mg.
Amy's parents, Kevin and Melanie Gonzales, who were in court for the ruling, said the decision "just cheapens all our lives".
 Smith was originally disqualified from driving for 15 years |
They vowed to carry on their drink-driving campaign work and said they were struggling to cope with their grief. "We keep thinking back to Christmas morning. At 1am on Christmas morning, Craig Smith destroyed our family in front of us," said Mr Gonzales.
"Although he's got five years, he will be out in two and out in the town where we raised all our families. He will be back among us."
Mrs Gonzales, 43, added: "I don't understand how someone with such a callous disregard for human life can only be put away for five years. How can I cope with that?"
Smith pleaded guilty at Peterborough Crown Court in April to causing death by dangerous driving and to driving with excess alcohol.
But on appeal three judges said although they did not wish to add to the pain and grief suffered by Ms Gonzales' family, they were obliged to follow sentencing principles laid down in previous cases.
Government review
At the Court of Appeal Mrs Justice Hallett said Smith, who had no previous driving convictions apart from a fixed penalty for speeding, had shown genuine remorse.
She added: "No doubt for Mr Gonzales and his family no sentence would be long enough for someone who robbed them of their lovely Amy.
"We don't wish to add to the pain and grief of the family and the devastating effect on them but we are obliged to consider not just their suffering, as bad as it must be, but all the circumstances of the case, including established sentencing principles."
The Home Office is carrying out a review to see how it can strengthen the law on road traffic offences, particularly where offenders cause death or injury.
A Home Office spokesman said: "While individual cases are a matter for the courts and the CPS, the government is determined to do all it can to ensure that dangerous drivers who kill should be properly punished.
"The actions of dangerous and irresponsible drivers can be devastating, not only for victims' families, but for whole communities."