A 21-year-old man has been jailed after pleading guilty to gross negligence manslaughter of a man who died in Poole Harbour.
As previously reported, David Haw, who was 24 at the time of his death, was found dead in the water 12 days after he went missing following the accident which involved a rigid inflatable boat (RIB) colliding with a channel marker in the early hours of May 2, 2022.
Morgan Smith, of Lancaster Way, Northampton, entered his plea to causing the death of Mr Haw at Bournemouth Crown Court on Thursday, July 20.
Smith appeared at Winchester Crown Court on Tuesday, November 21, where he was sentenced to three years in prison by Justice Sara Cockerill.
Speaking for the prosecution, Mark Watson KC said Smith, who was 19 at the time of the incident, had been steering the RIB, named Fargo, when it collided with the channel marker.
Smith had been giving Mr Haw a lift after the two had attended a prize-giving ceremony taking place as part of Poole Regatta.
Mr Watson said that Smith had been drinking prior to the collision, which happened at about 12.15am, and had been travelling at three times the speed limit when it struck the large metal buoy. He had also been using his mobile phone to assist with the boat’s navigation.
Mr Haw, as well as a third passenger, were thrown overboard from the impact. While the other passenger was able to make it back the boat, Mr Haw could not be located and there was no radio onboard the RIB to contact the emergency services.
The RIB would not restart following the collision and the two men were forced to paddle back to shore before seeking help.
Mr Watson said Smith had previously completed a course allowing him to skipper a craft on the water three miles from port in daylight. However, he did not have the required qualifications to pilot a craft at night.
He said: “It was an unnecessary journey. The organisers had arranged water taxies and minibuses to take attendees home.”
Mr Watson continued: “There is no evidence that a safety brief was given (by Smith) to the passengers. The experience of those who were riding in the boat should make no difference.”
Oliver Powell said for the mitigation that Smith had displayed a high level of remorse following the incident.
He told the court: “Following a full evaluation he has been diagnosed with PTSD.
“I know Mr Smith was keen to write to Mr Haw’s family to express his condolences, and it is understood that the family was not ready for this at this time.”
Mr Powell added that Smith had started drinking heavily following the incident as a way of coping but has since found support and has been regularly attending AA meetings, and pointed to several character witnesses which called the incident “out of character” for Smith.
Justice Cockerill said: “In the early hours of May 2, 2022, a brilliant young man lost his life.
“Morgan Smith, you have already given your guilty plea. I must now sentence you. I have taken the time to consider everything we have heard. I have read more than once the evidence victim statement made by David’s parents. It speaks of the terrible loss they have endured.
“David was an only child, a grandchild, a nephew, a friend and a colleague. The loss suffered by Mr and Mrs Haw was great.
“In their statement, they say they hope that lessons can be learned from this incident so something like it will never happen again. I am in a mind to agree.”
Smith was sentenced to three years in prison, to be released no more than halfway through his sentence.
Mrs Cockerill gave her condolences to Mr Haw’s family.
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