West Cumbrian has sentence changed after it was ruled unduly lenient in death by careless driving case

A West Cumbrian man has been jailed after his suspended sentence was ruled unduly lenient.

The man was jailed after Lord Justice Males, Mrs Justice Cutts and Her Honour Judge De Bertodano ruled that the sentence he received in March this year was unduly lenient.

The case was heard in The Court of Appeal after being referred by the Solicitor General to the Unduly Lenient Sentences scheme.

Simon Nicholson, 22, Cleator Moor was sentenced to a three and a half year custodial sentence, on Thursday, July 23, 2026 for causing death by careless driving whilst over the prescribed limit of a specified drug, and two counts of causing serious injury by careless driving.

Simon Nicholson – Cumbria Police

In March, this year he had been given a suspended sentence for the offences.

The court heard that police were called to the report of a crash on December 22, 2023 on A66 near Marron Bridge.

The crash involved Nicholson’s vehicle, a Volkswagen Golf, and a Suzuki Jimny.

A forensic collision investigation was carried out which found Nicholson was travelling westbound on A66 towards Workington when his vehicle crossed onto the eastbound carriageway and collided with the Suzuki.

Maureen Henley, 72, a passenger in the Suzuki died in hospital later that day because of her injuries.

The driver of the Suzuki was airlifted to hospital with serious injuries.

There were three passengers in Nicholson’s vehicle who suffered serious and minor injuries.

Nicholson carried out a drugs wipe and breath test at the scene, which were negative, however a further blood test was carried out which showed he was over the prescribed limit for Benzoylecgonine.

Benzoylecgonine is produced when cocaine is metabolised in the liver and due to it lasting longer than cocaine it is what is looked for in a drug screening.

Detective Constable Caroline Middleton from the Serious Collision Investigation Unit said: “This collision sadly resulted in Maureen’s death, and three people being injured.

“There is no excuse for drug-driving and getting behind the wheel whilst unfit, and this case highlights the tragic consequences it can have.

“Nicholson told officers at the scene that he did not take drugs; however, his blood test confirmed that he was over the prescribed limit.

“In his Police interview, Nicholson claimed that the vehicle Maureen was travelling in, had come onto his side of the road.

“However, physical evidence and witness accounts confirmed this was not the case.

“The investigation team strongly believed the evidence supported a custodial sentence and was keen to see the case reviewed by the Court of Appeal.

“We are pleased that the appeal was heard and that the court recognised the strength of the evidence presented.”