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Trucker who fell asleep at wheel, killing dad-of-two, jailed for just 30 months
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23 May 2007
Simon Shepherd, 36, was seen to look up shortly before his lorry ploughed into the back of a wagon driven by Andrew Courtney.
Mr Courtney, who had slowed to 11mph to avoid debris caused by an earlier accident on the opposite carriageway of the A14, died in the horror smash.
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Horror smash: The scene of the accident
His devastated wife Paulene said it was heartbreaking that he never got to see their first child.
Shepherd admitted failing to take adequate driving breaks three times in the days before the fatal crash, Ipswich Crown Court heard today.
He could not avoid hitting Mr Courtney~s lorry last August, the case heard.
The trailer of the victim's lorry ended up over his cab and sliced it open - like a can opener - before crushing it and trapping him inside, said Rupert Overbury, prosecuting.
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Widow: Paulene Courtney with Andie, the baby daughter crash victim Andrew never got to see
The emergency services battled to free Mr Courtney but he died of his injuries before rescuers could get to him.
"The defendant failed to react to the fact that the vehicle in front of him was slowing down. "Nothing but his actions caused the death of Mr Courtney," said Mr Overbury.
Shepherd, of Peterborough, Cambs, admitted causing Mr Courtney's death by dangerous driving on the A14 at Exning, Suffolk, on August 12.
He also admitted three offences of failing to take the minimum 45-minute rest break after four-and-a-half hours driving on August 8, 9 and 10. Judge Neil McKittrick jailed Shepherd for 30 months, banned him from driving for four years and ordered him to take an extended driving re-test.
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Jailed: Simon Shepherd was seen to look up as he ploughed into a van
The judge told him: ~How on a summer~s morning in August last year can an accident occur in good weather conditions on a good road with limited traffic? "I go with the view that you had almost certainly nodded off to sleep."
Judge McKittrick paid tribute to the courage shown by Mr Courtney's wife - saying her life had been - torn apart - by the tragedy.
He said that in a victim impact statement she - had not displayed one hint of vengefulness - towards Shepherd.
Mrs Courtney, of Harwich, Essex, had met him at a previous court hearing and thanked him for admitting the death by dangerous driving charge.
She said: "I'd have preferred to see him walk free from court and serve a longer driving ban instead.
"I was hoping he would be banned for 10 years which in my eyes would have been right." Mrs Courtney, who was pregnant with their daughter Andieleigh at the time of the crash, said her family thought Shepherd should have been jailed longer.
William Redgrave, defending, said the trucker did not know how the accident happened but accepted it was possible he had "nodded off".
He said Shepherd felt genuine remorse and had not driven since the accident.
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