Driver, 95, spared jail after fatal crash

A 95-year-old driver who drove into a woman as she walked her dog, causing fatal head injuries, has been given a suspended prison sentence.

Joan Barwick was "simply not looking at what was in front of her" when she hit grandmother Linda Wareham, 77, in Oldswinford, Stourbridge, on 17 April last year, Wolverhampton Crown Court heard.

Barwick, of Walker Avenue, in Wollescote, Dudley, was turning right into a petrol station forecourt in Hagley Road while Wareham was crossing but failed to stop to let her cross, the court heard.

Barwick was given a 16-month prison sentence, suspended for two years, having already pleaded guilty to causing death by dangerous driving.

She is also disqualified from driving for 10 years.

The court heard that Barwick, who was driving a red Vauxhall Corsa, would have had seven seconds to see Mrs Wareham before the collision occurred, but was focused on a disabled parking space that she had spotted was free.

Wareham suffered catastrophic head injuries, and her life support was turned off at the Queen Elizabeth Hospital in Birmingham the next day.

The victim's tearful husband and daughter left the courtroom as CCTV footage of the moment she was hit by Barwick's car was played.

Prosecution counsel Tim Harrington said Barwick was "not paying proper attention to what was in front of her".

Harrington said: "She was driving at an appropriate speed and had slowed down to 10mph but that should have meant she would see any pedestrian crossing her path, so Mrs Barwick was simply not looking at what was in front of her.

"Instead, she was looking towards an available parking space on [the] forecourt.

"As she drove slowly into the garage, she didn't see Mrs Wareham, who was walking quite normally with her dog.

"She was driving at such a speed that she would have been able to stop had she seen her, perhaps making this all the more tragic."

Harrington said Barwick, who was 94 at the time of the collision, had an "unblemished" driving record but said Wareham was a vulnerable road user who had right of way.

Defending, Paul Lewis said Barwick had "genuine remorse" for what had happened and had surrendered her driving licence following the fatal collision.

He urged Judge Michael Chambers KC to suspend any custodial sentence, saying imprisonment would reduce her life expectancy to months.

In a victim impact statement, Wareham's husband Peter said the couple had met at the age of 15 and had shared 60 years of life together but he had now been diagnosed with post-traumatic stress disorder.

He said: "She was caring and selfless… She was good fun and independent. She enjoyed a life of good health.

"All that ended on the 18th of April when my wife was cruelly taken."

Mrs Wareham's daughter Joanne Willetts said: "I cannot accept she isn't coming back.

"I carry a quiet sadness that will be with me the rest of my life.

"To lose my mum so tragically is heartbreaking for me and my children."

Sentencing, Judge Chambers said: "Mrs Wareham was clear for everyone to see as she progressed along the pavement. I'm quite satisfied Mrs Wareham is entirely blameless.

"She was entitled to expect you to stop and respect the fact she had right of way on the pavement."

He added: "The Crown accepts that it can be inferred you were not paying proper attention as you should have done.

"The Crown accepts that in January prior to this offence, you reapplied for your licence, and it was accepted that your sight was satisfactory to continue driving."

Suspending the sentence he imposed, Judge Chambers said a period in custody would have a "significant impact" on the defendant.

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