A motorist jailed after being found guilty of death by dangerous driving has had his sentenced reduced on appeal.

However, Jackson Joseph Paul’s bid to have his conviction quashed was rejected by Judges of Appeal Cross KC, Pratt KC and Farrelly KC during a hearing on Friday.

Advocate Stephen Wood, on behalf of Paul, appealed both conviction and the sentence.

Paul, 35, was jailed for six years in February after being convicted following a jury trial.

The Court of General Gaol Delivery heard how Jordan Thomas, 29, sustained catastrophic injuries following the incident in Harbour Road in Onchan on the evening of February 25 last year.

He died in the specialist unit at Liverpool’s Aintree Hospital eight days later.

Paul never denied his driving led to Mr Thomas’s death but claimed he was in immediate threat of being killed or suffering serious injury at the hands of the pedestrian.

Central to the prosecution case were two mobile phone videos taken by Paul’s passenger. The first showed Mr Thomas on the bonnet and the second captured the moment Mr Thomas fell backwards onto the road after Paul braked suddenly.

During the trial Paul gave evidence and told the jury he thought Mr Thomas was going to break through the windscreen and attack him. After reversing a few yards, Paul sped forward for a short distance before braking hard.

At Friday’s appeal hearing, Mr Wood argued the conviction should be quashed as a key defence witness was unable to give evidence in person due to fears over his safety.

He said an Osman warning – issued by police to people who face a threat to life - should have been rescinded so the witness could have given evidence in person.

He also argued Deemster Graeme Cook, who oversaw the trial, gave ‘repeated and unnecessary’ warnings regarding hearsay evidence in relation to the key witness’s written evidence.

The scene of the collision on Harbour Road, Onchan
(Media IoM)

Accumulatively it undermined his evidence and that the jury should have been told not to hold it against the defendant, Mr Wood said.

However, after retiring for a short period, the Judges of Appeal returned and announced the conviction was upheld.

In relation to the appeal against sentence, Mr Wood argued the starting point for the sentence was too high.

He said: ‘I say the circumstances that underpin the offence were unique and extraordinary.

‘The actual driving was very short, lasting only five seconds or so, and it was instigated by the deceased getting on the bonnet and punching the windscreen. He was under a degree of duress.

‘I would categorise the driving as only just above the dangerous threshold.’

Prosecutor in the trial Roger Kane argued the starting point was justified and the driving should be categorised as ‘highly dangerous’.

In delivering the decision to reduce Paul’s sentence from six to four years, Judge of Appeal Cross told Jordan’s family: ‘We are deeply conscious of this tragedy and the effect it has on yourselves. You should be in no doubt about that.

‘In any case where there has been a loss of life it is extremely difficult to factor in any sentence.

‘No sentence this court can pass can truly assist anyone so deeply affected by such a loss. I hope you do not feel these are just empty words.’

But Deemster Cross went on to say the panel of judges felt the original sentence passed was ‘manifestly excessive’.

The Judges of Appeal will publish the full judgment and reasons in due course.