A Spalding driver who was jailed for killing an ‘adored’ family man in an horrific road smash deserves every day of his sentence, appeal judges ruled today.
Marcel Banom died when Edvinas Maciulevicius (25) attempted to overtake a van on the wrong side of the A16, at Crowland, in March last year.
His lawyers argued that the two-year term was too tough
The manoeuvre gave motorcyclist Mr Banom (37), of Cowbit, no chance of avoiding a head-on collision and he died at the scene.
Maciulevicius, of Piccard Drive, admitted causing death by dangerous driving and was jailed for two years at Lincoln Crown Court in February.
Today, rejecting an appeal against the term, three top judges condemned Maciulevicius for his ‘disregard’ for others.
The court heard the Lithuanian was in a left-hand drive Volkswagen Passat on the way to work early on the morning of March 12 last year.
Attempting to overtake a van, he pulled out into the wrong lane, before returning to his proper place on the road.
He then moved out again and began to overtake slowly.
Mr Banom, a butchery supervisor, was heading in the other direction on his motorbike.
He was thrown from his bike and onto a grass verge. His arm had been severed, he suffered a cardiac arrest and was pronounced dead.
His funeral was attended by hundreds of people, including his family, who described him as ‘adored’.
Maciulevicius said he had pulled out first to check the road was clear and then began the overtaking manoeuvre. He had not seen Mr Banom’s lights.
Appealing today, his lawyers argued that the two-year term was too tough.
He had shown great remorse for what happened and would have to live with what he did for the rest of his life, the court was told.
He was usually a careful driver and believed at the time that it was safe to overtake.
Giving judgment, Mr Justice Kenneth Parker, sitting with Lord Justice Laws and Mr Justice Blair, said the sentence was deserved.
Maciulevicius had already pulled out once, giving him the chance to think twice about what he was about to do, he said.
Overtaking in a left-hand drive vehicle in this country calls for more care to be taken, he continued.
“What he did was in gross disregard for the safety of vulnerable road users, namely motorcyclists,” he added.
The prison term was upheld, but the judges reduced the length of Maciulevicius’ driving ban from five to three years.