A SHIPYARD worker has called on the UK government to review the sentence handed to a man who left him trapped in his overturned car before running away and lying to police.

Ray Hayes was the victim in a horrific car crash on June 13 of last year which happened when a Ford Focus being driven by banned driver Callum Jake Wharton smashed into Mr Hayes' parked car.

Mr Hayes was sitting in the car at the time, which was parked outside his home, and was left with a broken hand and injured knee when his car flipped onto its side.

Without bothering to see how Mr Hayes was, Wharton - along with a number of unnamed passengers - then ran away from the scene.

Around three hours later, Wharton turned up at Barrow police station and told officers he had sold the Focus the night before.

Police checked CCTV at the Shell petrol station, which showed 22-year-old Wharton get out of the driver’s side of the Ford and fill up with fuel.

It was only when this was put to him, along with crucial forensic evidence which revealed Wharton’s DNA had been found on the airbag of the Ford, that he owned up.

He pleaded guilty to driving while disqualified and attempting to pervert the course of justice at Preston Crown Court in January.

Wharton, of Greengate Street in Barrow, was given a 12-month custodial sentence suspended for two years for attempting to pervert the course of justice and a three-month concurrent custodial sentence suspended for two years for the offence of driving while disqualified.

He was also ordered to carry out 140 hours of unpaid work, a 25-day rehabilitation requirement and is banned from driving until January 26, 2020.

Mr Hayes believes the sentence was "unduly lenient" and as is his right - along with any member of the public, he has submitted a request to the Attorney General, Jeremy Wright, to review the sentence.

The government allows sentences to be reviewed in certain offences, including perverting the course of justice.

During sentencing, Judge Simon Newell conceded that such an offence "usually results in a custodial sentence of between 12 and 18 months" but added that Wharton's lack of re-offending since March 2017, and the fact he shares custody of his son and has found employment, allowed him to suspend the sentence.


However, Mr Hayes points out that just one month after the Friars Lane crash, Wharton was back before the courts and was jailed for drink-driving, driving while disqualified, driving without a licence and driving without insurance.

Furthermore, Mr Hayes believes his injuries were underplayed in court - they were described as being "slight and consistent with whiplash".

Mr Hayes has told the attorney general that neither the seriousness of his injuries, or Wharton's five further convictions after the crash, were taken into account in sentencing.

"I signed the forms to allow the courts to access my medical records but they didn't mention the fact I had a broken hand which was in plaster for seven weeks, I had a knee injury which required an operation and the surgeon said it was caused by the crash," Mr Hayes said.

"It's disgusting that he didn't get sent to jail."

The 54-year-old revealed that the stress of the ongoing court case and the reaction to Friday's sentencing was taking its toll on his family.

"We've all been worked up about it all and me and my wife have had rows because we're so stressed," he added.

The attorney general has 28 days to consider the request. Once he has reviewed the case, they may send it to the Court of Appeal.

The Court of Appeal may decide that the sentence:

  • should stay the same;
  • is unreasonably low (called ‘unduly lenient’) and may increase it;
  • refuse to hear the case.