A MOTHER who was jailed three months ago for causing the death of a motorcyclist has been released by Court of Appeal judg es after they were told of the negative impact her imprisonment was having on her children.
Amanda Fitzpatrick, 30, ‘panicked’ after hitting father-of-one Clive Burdett, 49, on November 15, 2017 and continued to accelerate dragging his body under its locked rear wheels for 17 metres.
Fitzpatrick’s Land Rover Freelander pulled out from Knowle Road onto Upper Sheffield Road, Worsbrough, into Clive’s path.
He suffered multiple head, spine and pelvic injuries and was pronounced dead at the scene.
Fitzpatrick, of Templing Close, Barnsley, was given a nine-month prison term in December after pleading guilty to causing death by careless driving at Sheffield Crown Court.
She was also handed a three-year driving ban.
At the time, Judge Michael Slater said: “After the collision the defendant stopped her vehicle and remained at the scene she was hysterical.
“I accept that in the immediate aftermath she panicked and stepped on the accelerator briefly.
“I accept you are genuinely remorseful for what happened that day and it’s never left your mind since. I am regretfully of the view that it’s so serious only an immediate term of imprisonment is appropriate.”
However, judges at the Court of Appeal said the prison sentence could be suspended following a hearing held on Tuesday citing the ‘negative impact’ her continued incarceration would have on her children.
Mrs Justice McGowan said: “There is a realistic, indeed strong prospect of rehabilitation.
“There are very strong factors in personal mitigation and sending into custody, on an immediate basis, this young woman, did have a harmful impact upon her children and possibly her immediate family.”
Mr Burdett, a payroll worker at Barnsley Hospital, was seen to brake as he spotted the Land Rover emerging.
But he was unable to stop and hit the right-hand side of the vehicle.
Clive had previously worked with St John Ambulance and had received a certificate for advanced bike riding.
He was originally from Cheltenham and moved to Mexborough in 2002 before he met his wife, Janine, three years later. The couple married in 2006 and had a son, James.
Since his death, Janine has been campaigning alongside her legal team at Irwin Mitchell in order to raise awareness of the need for drivers to be more cautious of motorcyclists.
Janine said: “The terrible grief and pain our family continues to feel is as fresh now as it was then.
“Clive was such a careful rider but all the training and experience in the world could not prepare him for what happened that day.
“Nothing will bring Clive back, but if by campaigning to raise awareness of the need for drivers to be aware of motorcyclists our family can save a life, then at least his death will not have been totally in vain and something will have been achieved.”
