Restricted driver jailed for five years for fatal 100mph crash in Dundrum
A 23-year-old restricted driver has been sentenced to five years for causing a fatal crash in County Down.
Lewis Burtney, from Ballynahinch, was driving at more than 100mph when his car collided with another vehicle on the Belfast Road in Dundrum just after midnight on 16 December 2021.
The crash killed 49-year-old James Smyth and left four women, including Mr Smyth’s daughter and three of her friends, with serious injuries such as fractures, a perforated bowel, a lacerated liver, and a spinal cord injury that now requires wheelchair use.
Burtney admitted causing death by dangerous driving and causing grievous bodily injury by dangerous driving.
At Downpatrick Crown Court, Judge Richard Greene KC said the incident was due to "grossly excessive speed". He imposed a five-year sentence, to be served half in custody and half on licence, and banned Burtney from driving for six years.
The court heard that Burtney’s car, a Vauxhall Astra, was supposed to have a speed limiter fitted because he held a restricted licence, but the device had been removed.
A forensic engineer found no trace of the limiter on the car after the crash. Police examination of Burtney’s phone showed he had searched online for how to remove such a device.
The judge said the clear inference was that Burtney removed the limiter because he intended to speed. He also noted that Burtney had used his phone during the journey, though not immediately before impact.
Co-accused Rhys Bailie, 28, from Dundrum, admitted dangerous driving after his Seat was travelling at an average speed above 90mph about 11 seconds behind Burtney. He was fined £750 and banned from driving for two years.
Judge Greene said the aggravating factors included Burtney’s inexperience as a restricted driver, excessive speed over a sustained period, and the scale of harm caused. He accepted there was some evidence of remorse and the guilty plea.
He also acknowledged the delay in the case progressing and reduced the sentence from a starting point of seven years.
The judge told the victims’ families that he had read their impact statements and found them difficult.