A 95-year-old driver who struck a woman walking her dog, inflicting catastrophic head injuries, has been handed a suspended prison sentence. Joan Barwick was 'simply not looking at what was in front of her' when she drove into grandmother Linda Wareham, 77, in Oldswinford, West Midlands, on April 17 last year.
Barwick was turning into a petrol station forecourt on Hagley Road but failed to see Mrs Wareham crossing her path because she was focused on a free disabled parking space she hoped to claim. Donning a purple cardigan and using a walking stick, Barwick entered the courtroom assisted by an usher for her sentencing hearing on Friday. She received a 16-month prison sentence, suspended for two years, after earlier pleading guilty to causing death by dangerous driving.
The defendant, of Walker Avenue, Wollescote, Dudley, was permitted to sit in the well of the court rather than the dock to hear proceedings at Wolverhampton Crown Court. The court heard Barwick, driving a red Vauxhall Corsa, would have had seven seconds to see Mrs Wareham before the collision occurred. Mrs Wareham suffered catastrophic head injuries, and her life support was turned off at the Queen Elizabeth Hospital in Birmingham the following day.
The victim's tearful husband and daughter left the courtroom as CCTV footage of the moment she was hit was played. Prosecution counsel Tim Harrington stated Barwick was 'not paying proper attention to what was in front of her.' He 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.'
Mr Harrington noted Barwick, aged 94 at the time of the collision, had an 'unblemished' driving record but emphasised that Mrs Wareham was a vulnerable road user who had right of way. Defending, Paul Lewis said Barwick had 'genuine remorse' for what happened and had surrendered her driving licence after the fatal collision. He urged Judge Michael Chambers KC to suspend any custodial sentence, arguing that imprisonment would reduce her life expectancy to months. 'Her remorse is genuine and is sincere. She admitted her wrongdoing at the earliest opportunity. She does not in any way seek to excuse what took place. She continues to suffer the consequences of what she has done,' he said. He added: 'Mrs Barwick accepts she was not paying proper attention… There are clearly no winners here. It is a terribly tragic set of circumstances.'
In a victim impact statement, Mrs Wareham's husband Peter said the couple met at age 15 and shared 60 years together, but he has now been diagnosed with post-traumatic stress disorder. '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,' he said. Mrs Wareham's daughter Joanne Willetts described her mother as her 'unfaltering constant.' '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,' she said.
Passing sentence, Judge Chambers stated: '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: 'Nothing I say in imposing sentence can put the clock back nor should any sentence I impose be seen as an attempt to put value on a life that has been lost. The Crown's case is put on the basis that this was a momentary failure to keep a proper lookout. The Crown accepts that it can be inferred you were not paying proper attention as you should have done. You were simply not looking at what was in front of you, instead looking at an available parking space.' He noted Barwick had no previous convictions and a good driving record. The Crown accepted that in January before the offence, she reapplied for her licence and her sight was deemed satisfactory.
Suspending the sentence, Judge Chambers said custody would have a 'significant impact' on the defendant. He also disqualified Barwick from driving for 10 years and ordered her to pay £705 in prosecution costs.
