Alford teenage driver spared custody after causing death of 17-year-old Nottingham Forest fan friend in Welton le Marsh crash three weeks after passing test

A 17-year-old driver caused the death of his 17-year-old friend when he left the road and hit a tree just three weeks after passing his test.

Matthew Toon, now 19, was driving ‘too fast’ for the prevailing road conditions when he lost control of his black Seat Ibiza shortly after negotiating a left hand bend.

His friend, Lewis Marvill, who was one of two rear seat passengers in the Seat, died in hospital six days after the car came off Gunby Road at Welton le Marsh in September 2022.

The front seat passenger in the car, Seth Needham, who was also 17 at the time of the collision, also suffered serious injuries including a fractured vertebrae in his neck and a broken hand.

Lincoln Crown Court heard Toon had passed test in August 2022 and was driving back from Skegness with his three passengers when he lost control and hit a tree shortly after negotiating a left hand bend.

Stuart Lody, prosecuting said it was the prosecution case that Toon was driving too fast for the prevailing conditions and for the left hand bend.

In his witness statement, Mr Needham said he thought Toon had been driving "a bit too fast."

A moving victim impact statement was read out in court by Mr Marvill's mother, Lisa Barker.

In the statement Mrs Barker described how the day of the crash had started well with her own birthday and the birth of a grandchild.

However Mrs Barker said her "whole world changed" when she received the news of the crash.

Mrs Barker described Lewis as a "very quiet" and "really polite" child who before his death had obtained his dream of pursuing an electrical engineering course at Grimsby Institute.

The court heard Mrs Barker was also now having to move from her home in Alford as she could no longer bare to live near Toon.

Mr Marvill's father, Mark Marvill, also read out a statement in court. He described how Toon had taken away the time he felt he would get with his son.

Mr Marvill said Lewis was Nottingham Forest "through and through" and said Toon had taken away his son's life by irresponsible and reckless driving which showed a total disrespect for human life.

In his victim statement, Mr Needham described how he suffered from flashbacks and now hated being in a car, and also "missed his friend, Lewis."

The court heard Toon had no memory of the crash and made no comment when he was interviewed by the police.

Toon, of Chauntry Road, Alford, pleaded guilty to causing the death of Lewis Marvill by careless driving on 7 September, 2022.

He also admitted a second charge of causing serious injury to Seth Needham on the same date.

Tom Gent, mitigating for Toon, urged the court to pass a suspended sentence.

Mr Gent explained that data from the Seat showed Toon was doing "a shade under 58mph" as he took the left hand bend.

Mr Gent said while that was within the speed limit for the road it was accepted it was marginally too fast and led to a loss of grip when the Seat exited the bend and encountered a camber on the straight section of road.

"It should not be overlooked that Mr Toon was a close friend of Lewis," Mr Gent said. "This will haunt him forever."

Mr Gent added: "He has made every effort to not cross paths with Lewis' mother, he understands the pain that might cause."

The court heard Toon was now half way through his apprenticeship as an electrician and was more withdrawn since the crash.

Passing sentence Judge Simon Hirst said it was clear Lewis Marvill was "a very much loved young man who was at the beginning of his life."

Mr Hirst told Toon the impact of his driving on the parents and those close to Lewis would never end.

But Judge Hirst said it was important for the public to understand that he had to follow the law and no sentence could put a value on the life of Lewis.

Judge Hirst said Toon had strong personal mitigation and did not pose a risk to the public with a realistic prospect of rehabilitation.

Therefore, Judge Hirst said he was "just persuaded" that a custodial sentence on Toon could be suspended.

Toon was sentenced to 12 months in a young offenders institution suspended for two years.

He must also complete 200 hours of unpaid work in the community and 20 rehabilitation activity requirement days.

Toon was also disqualified from driving for 12 months and must take an extended driving test.