Banned driver convicted of causing death of boy, five, in Newcastle

Darren Jacques, from Cumbria, was told to expect to receive a custodial sentence when he returns to court to learn his fate later this year.

Layton Darwood was seriously injured when he fell under the trailer of a Ford Transit Tipper which pulled away from a stationary position in Willow Avenue, Fenham, Newcastle, on Monday, August 25, 2020.

Newcastle Crown Court was told the five-year-old boy had been climbing on the trailer prior to Jacques returning to the vehicle and driving off.

He later died from his injuries in hospital.

Read more: Layton Darwood death: Penrith man in court over Newcastle crash

Jacques, of Hutton Hill, Penrith, who stopped when he saw two young girls waving at him in his wing mirrors, found Layton lying injured on the pavement.

He rang for the emergency services, but the prosecution claimed he initially gave a different name when assistance arrived.

Jacques was said to have at first used the name Peter Shepherd, from Cumbria, the person to whom the truck was registered.

But when he was told a mobile fingerprint unit was on route to the scene, he revealed his true identity to police.

He claimed that he “just panicked” in the situation he found himself.

Jacques, who turned 42 during the course of the five-day trial, denied the single charge, but opted not to give evidence during the hearing.

The prosecution said it was Jacques’ responsibility to check the vehicle before pulling away, but there was no evidence of him checking his offside mirrors.

Read more: Layton Darwood: Newcastle fatal crash to see man appear in court today

In his defence, Jacques’ counsel Chris Knox, asked the jury: “How on earth, in all seriousness, can you draw conclusions that he knew that Layton was there?

“Why would he do something like, drive off knowing a five-year-old boy was on his trailer?”

Mr Knox suggested Layton would have had to be 6ft1in tall for the defendant to have been able to see him.

He said it was “perfectly clear” he did look before he pulled out from the kerbside.

Following almost three-and-a-half hours’ deliberation on the fifth day of the trial, the jury returned a unanimous guilty verdict this afternoon (Monday September 4).

Judge Robert Adams said he would pass sentence once a background report is prepared on the defendant by the Probation Service.

But he told the court: “I will order a pre-sentence report and, in doing so, I don’t want to give any suggestion that it will be anything other than a prison sentence.”

Following the verdict, Mr Knox made it clear that his client had not driven the Tipper from Cumbria to Newcastle, that day, and, “wasn’t in the habit of doing so”.

Mr Knox said: “He had not driven that substantial way from Carlisle.”

He asked Judge Adams to enlarge the defendant's bail, on the basis he has always turned up throughout proceedings in the case, despite the three-year gap between the incident and the trial taking place.

Judge Adams agreed to enlarge his bail prior to sentence, initially set to take place on November 23, but later revised to Monday December 4, to suit trial counsels’ availability.

Reminding the defendant to turn up at court that day to receive his sentence, Judge Adams told him: “You must understand in ordering a report I’m giving no indication that the sentence will be anything other than a custodial one.

“All options will be open and you must expect to receive a custodial sentence.”

The judge thanked the jury and the family of Layton for the “dignity” they had shown throughout proceedings.

Read next:

• Layton Darwood, 5, named as boy who died after Fenham crash
• Man charged over death of Newcastle boy Layton Darwood

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“Everyone understands how difficult this must have been.

“It was upsetting seeing the footage, but I can’t imagine how much worse it must have been for you.

“These are always very difficult types of cases.”