Oxford judge explains reasons for suspending A40 road death driver's sentence

The 61-year-old company director, who ploughed into the back of cyclists Andy Coles and Damien Natale killing them instantly, was sentenced to two years’ imprisonment suspended for two years.

It means that unless he commits further offences, Rennie will not have to serve the jail term.

Judge Michael Gledhill QC explained his reasons for imposing a suspended sentence at Friday’s packed hearing, which was attended by members of all three men’s families.

Mr Natale and Mr Coles Picture: TVP

'Stars of the community' killed in 'tragic accident'

The judge said: “Andy Coles and Damien Natale were highly respected men, family men whose work in the community of cycling and in the community general could not have been more well regarded.

“They are stars of the community and remain stars of the community.

“A tragic accident occurred as we have all heard at about 6.40pm on the evening of June 1, 2020. It was a summer’s evening. The sun was shining, Mr Coles and Mr Natale, friends and cyclists for a considerable period of time decided to go as was their custom on an evening bike ride and they were cycling along the A40 between the villages of Piddington and Studley Green and they were hit from behind by the Volkswagen Golf of this defendant Clifford Rennie, [who] clearly hadn’t seen them.

“He was not driving at excessive speed. He was not under the influence of alcohol or drugs. He had not been distracted by anything as far as he knows.

“He simply hadn’t seen them. It may have well been that along that road where there are trees on either side of the road and in other places no trees leaving shade and bright sunlight that in those shadows and bright light he simply missed them.

“He should have seen them. Other people had overtaken the two men without any problem at all. They were able to see them and they were able to overtake them safely.

“Mr Coles and Mr Natale were riding perfectly properly. They were not riding abreast of each other, blocking one of the two carriageways of that road. One was slightly ahead of the other, leaving plenty of room to pass and there was no reason at all that Mr Rennie should not have seen them and this accident should not have taken place."

'Appalling consequences'

“The consequences of the collision were immediately appalling. Mr Natale was thrown quite a long way into the road on the other carriageway. Mr Coles was thrown over the vehicle, over the crash barrier, down the embankment and the evidence is quite clear that they were both dead on impact due to the severe injuries that they sustained and it is some consolation to those who love Mr Coles and Mr Natale to learn that they did not suffer. They were not left in the road or down the embankment in excruciating pain - in the case of Mr Coles - with nobody with them. They died instantly.

“No words of mine are going to bring these men back. I have heard moving evidence of five members of the families of these men.

“Nobody could be anything but deeply moved at hearing the impact and the effect of their loved ones’ deaths. The consequences for them, their families and friends of the deceased is truly appalling.

“Some or all of the people I have just heard from feel their lives have been destroyed. But I hope that these proceedings, now that they are about to come to an end, will bring some degree of closure.

“If I could make it better for everybody concerned I would. I regret to say I can’t. I can only express my deep condolences and sympathy for each and every one of you."

The law

“Mrs Atherton [Mr Coles’ partner] frustration with the legal system is completely understandable. Mr Coles’ [brother of victim] frustration that the defendant isn’t charged with manslaughter is completely understandable but there are reasons – good reasons in law – why the prosecution could not prove manslaughter on the evidence that we have all just heard summarised.

“This defendant could not have been charged with causing death by dangerous driving because his inattention – his lack of attention – over a relatively short period of time, to be counted in seconds, doesn’t meet the legal criteria for dangerous driving and therefore he has been charged with the only charges that were available to the Crown Prosecution Service, namely causing death by careless driving.

“It doesn’t really help those who love these two men to know that it is only a matter of years ago that this case would only have been charged as careless driving. There was no such offence as causing death by careless driving and that would have been even worse from your point of view, when the maximum sentence would have been counted in terms of pounds rather than in terms of imprisonment.

“But Parliament recognised that there are rare cases when people die as a result of drivers’ careless driving [and] these new offences were brought into being."

Clifford Rennie leaves Oxford Crown Court

Sentencing guidelines

“The maximum sentence is five years’ imprisonment. I am not only guided but I am directed to follow the Sentencing Council guidelines in this case and indeed in any case where there are sentencing guidelines.

“Both parties in this case agree the offence falls not the highest bracket of offending for causing death by careless driving, namely that the defendant’s driving fell not far short of dangerous driving.

“But it wasn’t dangerous driving, so it is not far short of dangerous driving.

“The starting point for such an offence - and there are two such offences here – is one of 15 months’ imprisonment, with a range of between 36 weeks and three years’ imprisonment. Both parties agree that this case falls into that category and I have no option but to impose a sentence of imprisonment, which I will do.

“I take my starting point not of 15 months but because of the aggravating features of this case set out by Mr Stone who prosecutes the case, not least the fact that two men quite unnecessarily lost their lives, I increase the starting point to three years’ imprisonment – the very top of the range I am permitted to consider.

“I then have to give the defendant credit for having pleaded guilty at the earliest opportunity. That means I have to reduce it by a third, so the prison sentence I impose is two years’ imprisonment on each count concurrently [at the same time].

The question then arises as to whether I should make that sentence an immediate sentence of imprisonment or whether I should suspend it and I am very well aware that the family of both of these men wish me to send him to prison immediately.

“But as in any death by driving case there are two sides to the story and I’m afraid that this is one of them.

“I simply cannot please everybody by the sentence I impose. Whatever I do will be criticised by others.

“I want to start when addressing the issue do I suspend the sentence or not with the defendant’s background."

File image of Oxford Crown Court Picture: ED NIX

Mitigation

“We have all heard that this defendant is a 61-year-old man who’s been driving since 1978, so well over 40 years. He has no criminal convictions, no driving matters, he’s never put a foot out of line as far as any of us are aware.

“Just as Mr Coles and Mr Natale went out for a perfectly normal evening ride this defendant left work that night simply to drive home and spend that evening at home of a pleasant summer’s night. He did not go out to kill anybody. His driving was not dangerous, his inattention that lead to the deaths of these two men was to be counted in seconds. The consequences to him are nothing – nothing – like the consequences to these poor men, their families and friends. But they are serious consequences.”

The judge read a letter from the defendant in which he described himself as ‘full of sorrow and guilt’ for the pain he had caused and apologised for the distress he had caused his own family.

He had always considered himself to be a ‘good and productive member of society’. “However, since that day I feel a different and lesser person as if my previous efforts and good standing have been erased,” he added. “I sincerely hope that the justice that will be rightly served can offer some sort of closure to the families of Mr Coles and Mr Natale and they can begin to heal. [I] also hope it will help me start to rehabilitate my life and once again become a productive member of society.”

Rennie added that the feelings of ‘utter devastation’ about what he had done would remain with him for the rest of his life.

Judge Gledhill continued: “The references have read of people who know this man reflect those sentiments.

“I don’t know whether he’s telling the truth. I can’t look into his heart. The secrets of a men’s hearts are know only to themselves and God. I can only work on the evidence that have before me so I accept that he is expressing as much remorse as he can.

“I note the frustration of members of the family who want to know why didn’t he speak when he was interviewed. Well, the short answer is he was in a state of shock and he was advised to say no comment. [In the second interview] he made that statement which Mr Stone read out and he cannot answer why he did not see the cyclists. It is not satisfactory but that is as it is.

“[I am] dealing with a man whose life has not been destroyed as the lives of Mr Coles and Mr Natale, but it has been completely altered negatively probably for the rest of his life.

“Do I suspend the sentence? Although it will disappoint many, I think I have been able to explain why I am going to suspend the sentence. He will have this hanging over his head for the rest of his life.”

Sentence

The judge suspended the two year jail sentence for two years, banned Rennie from driving for five years and ordered he pass an extended retest. He must pay £475 in prosecution costs.

“I have done my best to explain to everybody how and why I have dealt with Mr Rennie in the way that I have. I hope some degree of closure can come to everybody who has been so affected by this terrible incident,” he concluded.