A44 Spetchley fatal crash sentence increased after 'mistake'

Joe-Lewis Tyler appeared via videolink at Worcester Crown Court on Thursday where his jail sentence was increased to 19 years and two months after he killed two women and a child.

However, the family of victims who died in the fatal crash on the A44 Spetchley Road near Worcester said it is still not enough and they will fight on for justice with the appeal.

JAILED: Joe-Lewis Tyler showed no emotion as his sentence was increased at Worcester Crown Court (Image: West Mercia Police)

The 34-year-old of Grenville Road, Dines Green, Worcester was jailed for 18 years on Monday, August 5 following the fatal crash on February 22 after he ploughed an uninsured BMW into a taxi, killing all three people inside.

Leo Painter, six, child escort Claire Adkins, 39, and driver, Courtney Hemming, 26, all suffered multiple injuries.

Tyler was driving at 90mph in a 50mph road and was over the limit for alcohol and cocaine and cannabis metabolites as he drove to see a friend in Badsey. 

DETERMINED: Family and friends of the victims of Joe-Lewis Tyler launch balloons in Brickfields Park on Monday, August 12 as a protest against what they see as a lenient sentence and, despite the increase after an error, their view remains unchanged (Image: James Connell/Newsquest)

Judge James Burbidge KC, who imposed the original sentence, apologised to the defendant and the families of the victims.

Tyler will still serve two thirds of the sentence as before. This means with good behaviour he will be released on licence after 12 years and nine months instead of the original 12 years.

Judge Burbidge said: "I should say to you, Mr Tyler, and those who attend in the public gallery, I'm extremely sorry you have had to be brought back to court due to my own error which, I make clear, is no-one else's responsibility."   

SCENE: The road closure of the A44 Spetchey Road near the County Hall roundabout on the day of the crash (Image: James Connell/Newsquest)

The judge added: "I apologise I caused anguish by my mathematical miscalculation."

The case was listed under what is called 'the slip rule' at the request of the judge and he said his mistake had not been pointed out to him by either advocate at the time. 

Simon Phillips appeared for the prosecution and Adam Western for the defence at the original sentencing hearing.

"I understand it is agreed by advocates I did make an arithmetical mistake," he said.

APOLOGY: Judge James Burbidge KC noticed the error himself and acted on it under what is known as the 'slip rule' to correct the sentence (Image: Supplied)

He said applying a 20 per cent discount for the plea (from 24 years) was not 18 years which was 'clearly incorrect'. 

Judge Burbidge explained the legal authorities he consulted were in conflict about the length of the driving disqualification but that he must follow the legislation.

An overall ban of 17 years and nine months was imposed.

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Speaking after the hearing, Julia Earlam, mum of Claire Adkins, said: "It's still not enough. We are still going to appeal. In 12 years and nine months he will come out on licence. We will still fight on for the appeal."

The Attorney General's office has confirmed to the Worcester News it has received a request for Tyler's sentence to be reconsidered under the Unduly Lenient Sentence scheme. 

Only one referral is needed for a case to be considered by the Law Officers. 

The officers will have 28 days from the initial sentencing to consider the case and decide whether they should ask the Court of Appeal to review the sentence.