An inexperienced driver facing 350 hours of community service and a three-month driving ban for unintentionally causing the death of a young mother in a car crash seven years ago has had his ban extended to three years on appeal.

Matthew Barbara, who at the time of the fatality in July 2010 was 18 years of age and had just obtained his driving licence, had been driving his Mitsubishi in Naxxar when he caused the head on collision which cost the life of Rosianna Azzopardi.

He had been navigating a bend along John Houel Street at some 105km/hr when he crashed into the Toyota driven by the victim. The woman died upon impact while her 11-month old daughter, who was straddled in a car seat, escaped unhurt.

Forensic experts had certified that although road conditions at the time of the accident were slippery with dew, the weather was clear and the visibility was good.

In the course of criminal proceedings against the young driver, the Magistrates’ Court had concluded that it had been the reckless and dangerous driving of the accused which had caused the fatal accident, condemning him to 350 hours of community service, an €80 fine and a three-month driving ban.

This prompted the Attorney General to file an appeal requesting a more severe punishment, particularly in respect of the driving ban which was minimal and which did not reflect the gravity of the case.

The court of appeal, presided over by Madame Justice Edwina Grima, upheld the appeal observing that the accident had not simply resulted in loss of life also in unnecessary ‘hardship’ for the victim's family who had to bring up a motherless child.

In spite of their suffering, relatives of the victim had not insisted on an effective jail term which could possibly ruin the young man’s future, but had expressed their wish to ensure that the accused be taught a lesson, so as to avoid becoming a menace to society.

The court also noted that the accused had not stepped behind the wheel ever since the accident and had agreed with the AG’s arguments.

For these reasons, the court confirmed the punishment varying it only in respect of the driving ban which was extended from three months to three years so as to ensure that the accused would only take to driving when “he is mature enough to see that his driving is prudent and in line with the rules of behaviour expected of every driver”.

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