Shropshire Star

Jayden-Lee's heartbroken family to consider appeal

Jayden-Lee McIvor's heartbroken family say they are to consider an appeal against the decision to give the teenage driver who caused his death a three-year custodial sentence.

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Jayden-Lee McIvor

Raja Khan was yesterday sent to a young offenders' institution after admitting causing the boy's death by dangerous driving.

Khan, 19, of Hurleybrook Way, Leegomery, Telford, changed his plea shortly before his trial was due to begin at Shrewsbury Crown Court.

He had previously pleaded guilty to causing death by careless driving, but had denied he had been driving dangerously when his car struck Jayden-Lee in Haybridge Road, Hadley, on the afternoon of Saturday, February 2, last year.

Jayden-Lee, also of Hurleybrook Way, had been on his way to buy groceries when he was knocked down.

Mr Hugh O'Brien-Quinn, prosecuting, said there had been an element of aggressive driving from Khan, with his car seen racing up behind other drivers before dropping back.

Jayden-Lee had been using a pelican crossing. He had pressed the button and waited for the lights to change.

A silver car, driven by James Shaw, had stopped for the boy to cross. But it was struck from behind by Khan's red Ford Focus, which careered off and hit the youngster.

An ambulance, air ambulance and the police were called to the scene but could not save the child.

In the wake of the tragedy witnesses reported how passers-by rushed to Jayden-Lee's aid.

They pulled him from under the car and used their coats to keep him warm.

One lady held his hand and another helped him to breathe by keeping his airway open. The court heard that Khan had not noticed the lights changing and was not aware that the car in front had stopped.

Mr O'Brien-Quinn said a victim impact statement written by Jayden-Lee's father, Ross, but which was not read out in court, spoke of the devastation the accident had caused to the family – in particular Jayden-Lee's siblings.

Since the loss of his son, Mr McIvor had since been diagnosed as suffering from post-traumatic stress disorder.

At his funeral at Christ Church, Wellington, in March, Mr McIvor spoke of a "funny little boy who would talk to everyone".

"Jayden loved going to football and playing on his computer. His smile cheered up anyone who was sad," he said.

"Jayden once asked me for 50p of his pocket money to give to a homeless man. He made me so proud; he always wanted to help others. Jayden was snatched away tragically so much earlier than he should ever have been."

At Millbrook Primary School, where he was a pupil in Year 4, Jayden was also highly thought of by staff. Headteacher Martyn Lightwood said: "Jayden was a very bright and intelligent young man whose humour and smile touched all he met."

Hundreds of people attended Jayden-Lee's funeral, at which his white coffin was carried to the church by horse-drawn carriage. Mourners paid tribute to Jayden-Lee's love of daffodils, with each carrying a single flower and wearing something yellow at the service.

Mr Lightwood read Daffodils by William Wordsworth and the hymn All Things Bright And Beautiful was sung.

Following Jayden-Lee's death, people living in Hadley began a campaign to have a speed camera installed in Haybridge Road.

A campaign on Facebook received support from almost 400 local people, including members of Jayden's family. The Safer Roads Partnership, which includes West Mercia Police, Telford & Wrekin Council, Shropshire Fire and Rescue Service and the NHS, later agreed to install a fixed safety camera next to Hall Garden Flats, on the approach to the pedestrian crossing.

Mr James Doyle, for Khan, said he was a decent young man who was studying for a science degree at the University of Wolverhampton.

He told the court: "This is tragic. It was an accident, a tragic accident and one he will have to remember for the rest of his life. He has expressed his remorse for the consequences of his actions and it has taken some time for him to acknowledge the level of his poor driving."

Mr Doyle said Khan, who has been the principal breadwinner for his family since the age of 17 due to his parent's health problems, hoped to have a professional life in the world of medical research.

"He will now have to reconsider his life for the future. But he does have a future," he added. Judge Robin Onions said no sentence would ever be enough to reflect the loss of Jayden-Lee's life. He told Khan: "Jayden-Lee was nine years old.

"He was allowed to go to the shops on his own. His parents were concerned about a child going across a busy road but he wanted to grow up and be like his friends.

"His mum and dad showed him the road, they showed him how to use the pelican crossing.

"Even after he was allowed to go on his own, his mother followed him at a distance to check he was crossing properly. She could have done no more to keep her son safe.

"You were driving your car.

It was fast, you were speeding without care and it was inappropriate driving.

"You saw the signs for the crossing. You had many opportunities to slow down. You didn't. You have a future, their son no longer has one."

Khan was also disqualified from driving for five years.

Jayden-Lee's parents have said they are to look at appealing against the length of Khan's sentence.

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