Victoria Hamer … Guilty of causing the death of Lorraine Barrow wife, mother, and nanny by dangerous driving.
I hope you find the time to read all the details that I have been able to collate having gained access to the court transcript, all witness statements, police traffic investigator report, police reconstruction video footage and after a meeting with the lead detective, traffic investigator, and family liaison officer.
Throughout I have attempted to be fair and reasonable and, most importantly, unbiased.
The reason why I have created this is to present some of the evidence not made public or not challenged in the Crown Court so that people can make up their own mind as to whether Lorraine received justice.
Once you have reviewed the contents I would ask you to consider the following questions:
1. Do we have a fair and balance justice system? No not in my opinion. The prosecution must give full disclosure to the defence but the first time the prosecution is informed of any mitigation is in the court room. Even then it is not the role of the prosecution to challenge the defence their role is to help the court reach its decision making sure the court is aware of the full range of options. This is achieved by drawing the courts attention to any victim personal statement, any relevant sentencing guidelines and both the aggravating and mitigating factors of the offence. The defence on the other hand will offer extensive mitigation that will be unchallenged and look to influence the sentence imposed by the court. It falls to the judge and the judge alone to see through the extensive mitigation presented by the defence without the benefit of the prosecution being able to highlight discrepancies or challenge statements made by the defence.
2. Sadly it is clear to me and my family that with regards to road traffic the justice system does not care about the dead preferring to concentrate on the well being of the person who committed the crime. Lorraine was hardly mentioned. Would you agree that the dead don’t matter? We do not in fact we think the dead, my Lorraine, and what happened to her should be the centre of the trial.
3. Do you think that the defendants profession or status in society, who you can get to write you a reference or write a report on you, should influence the sentence being passed down? In our case we have no doubt that it does!
4. Did his honour judge Paul Cook give too much credit to assistance at the scene, cooperation with the police, and Ms Hamer’s mental health? Yes in my opinion.
5. His honour judge Paul Cook asked at what point did the sun have an effect. Is there evidence to be able to answer this question? Yes. He could have reviewed or been directed to review the evidence produced by the traffic investigation team including photographs with distances, the reconstruction footage, and the witness statements where 4 witnesses state that although the sun was bright visibility was good.
6. Is our unduly lenient sentence scheme fit for purpose? No not in my opinion. I can understand that the bar to increasing a sentence is very high. But as the solicitor general in reviewing the case can only review the sentence imposed based on the facts agreed at the Crown Court unless the judge makes a mistake or does not follow the guidelines the sentence will never be increased. The solicitor general should have the power to challenge or investigate the evidence and in particular the mitigation presented by the defence as the prosecution cannot. This is particularly relevant as there is no other avenue to challenge a courts decision.
7. How, in 2020 with the sentencing hearing in 2021, does someone who kills another human being whilst breaking the law with substantial evidence avoid going to prison?
8. Did his honour judge Paul Cook hand down unduly lenient sentence?
9. Having reviewed the contents if you were the judge would you be ashamed to have handed down such a lenient sentence?
10. The Sentencing Council states that the starting point for causing death by dangerous driving level 3 is 3 years’ custody. As Ms Hamer pleaded guilty she is entitled to a third off her sentence. That is 2 years custody why did she only get 1 and that was suspended? There is no reference that I can find to a curfew a punishment that is surely designed for anti social behaviour.
Road Traffic Law changed in the 26th June 2022 but the Sentencing Council have not updated their guidelines. There was a consultation period where anyone could put forward their views. I create a document and after a telephone meeting with the Sentencing council I made some further comments. The view my document click here.
11. Is the Prosecutor Advocate (Prosecuting Barrister) role to publicly speak on behalf of the victim and their family, support the victim and family, and put the case for the victim and the victim’s family as they seek justice? Would you expect the Prosecutor Advocate to present facts that were incorrect (confirmed by the police) and make statements in favour of the offender? We certainly did not but judge for yourself by reading extracts from the trial transcript here also see the section Assistance at the Scene
12, Does the court seek to establish character of the victim, or if the victim is a sole carer, or what the victim’s family are going through, or request references, or request interviews of family members and subsequent professionally written reports? NO!
Documents produced for the court.
For the offender
Probation service
Doctors report
Parent/Guardian References
Friends References
Employer References
Counsellor References see Mental Health
Defence Submissions on Sentence (Defence sentencing Note containing details of mitigation and visible to the judge and the defence advocate before the sentencing hearing. No such document created by the prosecution advocate.)
For the victim
VPS, Please note the Victim Personal Statement is not a mandatory document it is written by family members not professions and, in my opinion however heart felt, personal, and professional written if does not have anywhere near the effect as the documents presented by the defence. Consider what was handed down in our case did our VPS statements have an effect?
There is so much that was said in court that paints a distorted or inaccurate picture. This is wrong! Our justice systems is the one place where an accurate depiction of events and the effect those events have on people should presented.
In the light of overwhelming evidence and the knowledge that an early guilty plea would result in a reduced sentence Victoria Hamer plead guilty to causing death by dangerous driving on the 21/10/2021. She killed Lorraine on the 17th September 2020 just yards from our front door.
Victoria Hamer was at the wheel of a red Volkswagen Polo on Thursday 17 September 2020 when she ploughed into the back of a bicycle being ridden by 57-year-old Lorraine Barrow on the B3139.
Hamer was travelling along her normal route home after leaving her place of work, Axe Valley Vets, she was travelling at a minimum speed of 44mph at the time of collision; the speed limit in that area is 30mph which she would have known having worked at Axe Valley Vets for over two and a half years at the time of the road crime.
His Honour Judge Paul Cook handed Hamer a prison sentence of 12 months, suspended for two years. He handed her a six-month curfew and ordered her to carry out 200 hours community service. Hamer also received a 30-month driving disqualification, after which she will need to pass an advanced driving re-test before being able to get behind the wheel again.
The justice system is not just about justice for the victim, which will never be enough, but also about setting a deterrent for others. This sentence does neither. After all the hard work done by the police, the justice system has let my beloved Lorraine down. But it does not end there. The sentencing trial concentrated more on Victoria Hamer and what circumstances could be used as mitigation to reduce her culpability.
Having received and read through a copy of the trial transcript, witness statements, traffic collision report, and following a meeting with the police lead detective, traffic investigator and family liaison office I have to say how distressed and disappointed I am in all the references to how good a person Ms Hamer is and what her mental state is. I am also disappointed in the implication that the vet started CPR which is not the case. I did some 9 minutes after the incident and as soon as I composed myself. The vet being present did not affect the outcome as I and would have continued CPR until the paramedics arrived. The question is why everyone including an experience veterinary nurse left Lorraine for approximately 9 minutes without giving CPR?
It is clear that in at least four areas relating to the evidence or mitigation that were not challenged, exaggerated, or not mentioned. These four areas influenced the sentencing. Details of the four can be found by following links to the specific pages below: