THE parents of Violet-Grace Youens who fought to change the law have urged judges to have the courage to put new sentencing guidelines into effect.
Violet-Grace Youens died in March 2017 after she was hit by a speeding car on Prescot Road.
She was four years old.
The driver of that vehicle, Aidan McAteer, was sentenced to nine years and four months for causing death by dangerous driving. He was released last year.
In light of his sentence, Violet’s heartbroken parents Glenn and Becky Youens launched an online petition calling for the maximum penalty for causing death by dangerous driving to be increased from 15 years to life.
The petition garnered 167,000 signatures and a parliamentary debate. Resulting finally in the law change that came into place in June 2022.
In cases where the incident has occurred after that date judges can now take the new sentencing guidelines into consideration when sentencing.
However, in light of recent court cases, Glenn and Becky are calling out judges citing that they are not using their new sentencing powers.
One such case where the Youens’ feel “betrayed” by the justice system, is that of dad-to-be Chris Smith, a 41-year-old man who was killed on the M6 Thelwall Viaduct on November 15 2022, after John Yates, a driver under the influence of drugs, smashed into him after hitting speeds of around 128mph.
He fled the scene and pleaded guilty but was jailed for eight-years and three-months which he must serve two-thirds of.
Glenn and Becky Youens said: “When we have poured our hearts out and told our story time and time again which breaks our hearts again and again in order to change the law, it’s an insult that judges do not now use the sentencing powers they have.
“The guidelines may not yet have been written, but that doesn’t stop judges giving harsher sentences but our daughter has been let down.
“Same as Chris Smith’s unborn son being let down by them. He will never know his dad, and we fought for justice to be done so that families like ours could at least know their loved ones had justice.
“We just feel like we let him and Violet down by the judges not using these laws to the full effect, they have betrayed us, betrayed Violet’s memory and our sacrifice to bring this law in.”
The Star approached the Sentencing Council questioning Yate’s sentence, and a spokesperson sent the following statement: “Following changes in the law, the Sentencing Council is revising its sentencing guidelines for motoring offences, including causing death by dangerous driving.
“The new guidelines are expected to come into force later this year.
“In the meantime, the existing guideline for causing death by dangerous driving draws the courts’ attention to the change in the maximum penalty.
“The courts must follow the guidelines, unless it is not in the interests of justice to do so and can take account of the availability of the higher maximum penalty when sentencing offenders.”
Read - M6 crash : Pregnant partner's tribute to dad-to-be Chris Smith
The Star also contacted the Ministry of Justice, which said: “Our thoughts remain with the family of Chris Smith.
“Dangerous drivers ruin lives and though individual judges decide sentences, our new laws have increased the maximum penalty to life imprisonment for causing death by dangerous driving.”
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