Teenage driver who killed brothers aged 13 and 17 in Peterborough crash walks free from court as parents of victims ask judge not to jail him

A 17-year-old driver who caused a crash which killed a popular pair of young brothers in Peterborough has been spared jail - after the parents of the youngsters killed in the incident said they did not want to see him behind bars.

Lewis and Luke Smith were aged 13 and 17 respectively when they were passengers in the stolen BMW that crashed on Crowland Road, Eye, in the early hours of May 14 last year.

The two died from their injuries at Addenbrooke’s hospital shortly afterwards - but the driver, now aged 17 and who cannot be named for legal reasons, survived the crash - although he suffered serious injuries.

Heartfelt tributes were left at the scene of the crash, and thousands of people attended the funerals of the two boys, with the community left in mourning.

The driver appeared at Peterborough Youth Court today (June 16), after he admitted two counts of causing death by careless driving, two counts of causing death by driving while uninsured, and two counts of causing death by driving otherwise than in accordance with a licence at a previous hearing.

‘He must live with what happened for the rest of his life’

In a statement read to the court by prosecutor Abubakar Muhammad, Luke and Lewis’ parents said: “We don’t want to see him (the driver) go to prison over this. He is grieving. He must live with what happened that night for the rest of his life, and that is punishment enough.”

While the youth only spoke in court to confirm his name, age and address, a statement on his behalf was read by Alex Menary, defending. He apologised for the hurt he caused, and said: “I think about what happened after the crash every day. I can’t get it out of my head. I am so sorry.”

Defendant could have faced three year sentence if he was an adult

District Judge Ken Sheraton, sentencing, said that part of his role in sentencing in the youth court was to consider the welfare of the defendant.

He said: “I have to say, anyone reading press reports of the case will say this fully meets two years imprisonment, the maximum sentence I can impose.

“What the public don’t see is the psychological reports, the pre-sentence reports, and the guidelines that I have. These set out the principal aim of the youth court, which is to prevent offending and the look after the welfare of the young person.”

He told the court that had the driver been an adult at the time, he could have been facing a jail term of around three years.

But because of the teenager’s age, he said the youngster could avoid a custodial sentence, and imposed a 12 month referral order, disqualified the 17-year-old for two years, and ordered him to pay £145 costs and a victim surcharge of £22.

Investigations reveal possible cause of crash

The court heard the crash happened at about 1am on May 15.

Mr Muhammad said: “They were driving at an unknown speed when for reasons unknown, the driver lost control and collided with a bridge.”

He told the court that the weather and road conditions at the time were favourable, and there were no defects to the car that could have led to the crash discovered.

He said an investigation revealed the likely cause of the crash to be one, or a combination, of inappropriate speed, driver inexperience, or a distraction.

The court heard the car had been stolen a couple of months before the crash, although there was no evidence anyone in the crash had been involved in the theft.

‘It is fitting they are together now’

In their statement to the court, Luke and Lewis’ parents said the pair enjoyed doing everything together, describing them as ‘inseparable.’ They said ‘it is fitting that they are together now.’

Lewis was described as ‘a loveable rogue’ with the parents saying: “He was cheeky in a nice way. He would help anyone.

“Luke was a popular boy with all who knew him.”

They spoke of the support they had received from the community.

They added: “We go to the cemetery most days - we take peace from going there.”

Mr Menary, defending, said the youth was still in shock at what happened, and reports had shown there was a low risk of reoffending in the case. He said: “He is someone who does have an insight into victim awareness. He is devastated by what happened.”

‘Getting involved in this sort of thing is an absolute nonsense’

Sentencing, Judge Sheraton told the 17-year-old - who is still recovering from the injuries he suffered in the collision - that there could be a positive for him. He said: “I think it is up to you to spread the word amongst all your friends that getting involved in this sort of thing is an absolute nonsense.”

He added: “If there is anything positive that can come from this, it is to make sure none of your friends get involved in cars until they are old enough and properly trained. People might listen to you because of your experience.”

The youth was also warned that if he committed any other offences, he could face a sentence at a Youth Offenders Institute.