A DRUG driver who was 39 times over the legal limit has been jailed for causing the death of ‘a much loved family man’.
Martin Cunliffe originally denied one charge of causing death by driving without due care and consideration but was found guilty after a four-day trial at Chester Crown Court on April 27.
The 37-year old from Barnton was sentenced to five years today, Friday July 14, and banned from driving for seven years.
The court heard that Cunliffe had been driving a Fiat 500 on August 12, 2020, when it was involved in a collision with a Ford Connect van on School Lane, Warmingham, shortly after 11am.
The driver of the van, 50-year-old Gerry Smith, from Middlewich, suffered fatal injuries and was pronounced dead at the scene.
Cunliffe was also injured and taken to hospital.
An investigation was launched by officers from Cheshire Constabulary’s Serious and Complex Collision Investigation Unit.
During their enquiries, officers spoke to several witnesses who stated that Cunliffe had been travelling well above the 30mph limit, with one also stating that he had overtaken them at speed.
Officers also recovered CCTV footage from local properties and data from the Fiat that showed Cunliffe had travelled along School Lane at speeds of up to 54mph.
The data also show that he was travelling at a speed of no less than 39mph at the point of impact.
Blood analysis taken from Cunliffe also revealed that he was under the influence of MDMA (Ecstasy) at the time of the collision; with a level of 392 microgram of MDMA per litre of blood – 39 times over the drug drive limit.
After gathering all the evidence, a case file of evidence was presented to the Crown Prosecution Service who concluded that Cunliffe should be charged causing death by driving without due care and attention whilst over the specified controlled drug limit.
Following the sentencing, PC Liz Thompson, of Cheshire Constabulary Serious and Complex Collision Investigation Unit, said: “This case demonstrates the repercussions of driving under the influence of illegal drugs and driving in excess of the speed limit and without care and attention.
“On the morning of the collision, Cunliffe took the decision to get behind the wheel, despite the fact that he knew he was under the influence of MDMA.
“As a result of that decision, a man has lost his life and Cunliffe is now facing the consequences of his actions.
“My thoughts at this time remain with Mr Smith’s family and while nothing will ever bring him back, I hope that the conclusion of the case and the guilty verdict will provide them with some closure and allow them to move forward with their lives.”
Mr Smith’s family said: “We are absolutely devastated by the sudden avoidable loss of our beloved Gerry and put our lives have fallen apart since his death.
“Gerry was a much loved family man, he leaves behind his loving wife, seven children and 24 grandchildren, four of whom will never have the opportunity to meet their loving grandad.
“He was the life and soul of the party, a man with a big heart and will always be missed by all his family and friends.”
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