Woman jailed for causing death in Felinheli collision

Jacqueline Mwila, of White Street, Mount Pleasant in Swansea, appeared before Caernarfon Crown Court (sitting at Llandudno Magistrates Court) on Friday morning for sentence.

The 51-year-old had previously pleaded guilty to causing the death of 28-year-old Emma Louise Morris by dangerous driving, as well as two offences of causing serious injury by dangerous driving.

Simon Rogers, prosecuting, told the court that on April 3 last year, Ms Morris was travelling on the A487 at Felinheli towards Bangor with her partner James Walsh and her young son as passengers.

They were going uphill in lane two, and Mr Walsh looked up as he heard Ms Morris say "Oh s***."

He saw a vehicle coming towards them on their side of the road, driven by Mwila.

The two vehicles collided, with Ms Morris' coming to rest upside down.

Mr Walsh heard his partner's son crying and managed to get out of the car.

He called out to Ms Morris, but she was unresponsive.

She was later pronounced dead at the scene, with an autopsy confirming the collision resulted in her immediate death.

Ms Morris' son was transferred to Alder Hey Hospital with severe injuries and remained there for some weeks whilst treatment was administered.

He continues to receive treatment and while his physical injuries will heal, the court heard, the psychological impact of the incident may not be known for some time.

Mr Walsh was also admitted to hospital and required surgery to treat fractures in his hand, as well as having sustained a collapsed lung.

Mwila accepted in interview that she had been the driver of the vehicle which collided with the victims.

She said she moved into a lane which had "emerged" on the road, before noticing the victim's vehicle approaching straight ahead.

The defendant claimed she checked left and right at that point but due to other traffic, didn't have anywhere to go.

But in fact, Mwila had contravened double white lines - the commencement of which she'd have had ample time to notice markings and hatching for.

"With solid double lines segregating her from Caernarfon-bound vehicles," Mr Rogers said, "Ms Morris would not have been expecting an oncoming vehicle in her lane."

He added that in the immediate leadup to the offence, there would have been insufficient time or distance for either Mwila or Mr Morris to brake or take evasive action.

Mr Rogers concluded that expert investigators had concluded the collision was "wholly avoidable" had the defendant remained in the correct lane.

Richard Dawson, defending, told the court: "This was a tragic case which has had catastrophic consequences for all concerned.

"Jacqueline Mwila, I'd submit, is of positive good character in every other aspect of her life.

"She has in her correspondence to the court as well as to the author of the pre-sentence report, she has sought to express her sorrow.

"And through me, I repeat how profoundly sorry she is for the events of that day."

Reading from a letter written by the defendant, Mr Dawson said: "On April 3, my actions caused pain and suffering.

"The accident caused was not intentional. I am profoundly devastated and remorseful - I punish myself every day, and think about the family every day."

Mr Dawson said his client accepted an immediate custodial sentence was inevitable for such a crime.

He told the court she works for a charity and has done throughout her adult life; adding that on the day in question she was on her way back from a holiday.

"It was a genuine mistake on the part of Ms Mwila," he concluded, "but one she accepts has had devastating consequences."

Judge Timothy Petts told the defendant: "You were driving home from Holyhead Port, after a holiday, and this was your first time driving on this road.

"But the markings are clear; this is a main road and it gets heavy usage.

"There are two lanes coming uphill and only one going down with plenty of time to see the layout.

"You pulled over the double white lines and have no real explanation for this.

"You said you were not trying to overtake, but it seems clear that's what you were intending to do.

"Emma Morris had no chance to avoid you and the evidence is that her death would have been virtually instantaneous."

The Judge accepted that the defendant hadn't set out intending to drive dangerously, which cannot be said of all cases involving the charge Mwila faced.

However he characterised her actions as "an obvious dangerous manoeuvre."

She received an overall sentence of seven years and four months imprisonment and was banned from driving for nine years and 46 weeks (a five year ban with an extension to reflect the period of time she must serve in jail).