A driver described as 'cowardly' by a judge has been jailed for killing a parent and their son in a head-on collision two days before Christmas. Andrew Hall, 37, veered onto the wrong side of Ripponden Road in Oldham and crashed into a Nissan carrying Clair Fitzharris, 42, Sam Fitzharris, 15, and Ms Fitzharris' 13-year-old daughter.
Manchester's Minshull Street Crown Court heard that in the moments before the collision at around 4pm on December 23, 2023, Hall had been driving at over 90mph. Three seconds before impact, he applied emergency braking, with his BMW 5-series still travelling at 73mph. Witnesses reported seeing Hall overtaking other cars as he came off the M62 junction onto the road, which has a 50mph speed limit.
Fatal injuries and alcohol reading
Ms Fitzharris, who used the pronouns they/them, and their son Sam died from their injuries at the scene. After the crash, Hall was taken to hospital and his blood was tested for alcohol, giving a reading of 77 milligrams of alcohol per 100 millilitres of blood. The legal driving limit is 80 milligrams.
At his sentencing hearing on Thursday, October 8, the family of Ms Fitzharris wept as victim impact statements were read to the court. Ms Fitzharris' sister, Lindsey, said: "They didn't die. They were killed. My family was very small. Two people were taken from us. Clair was fierce, funny, clever and compassionate. She was a talented artist and a keen gardener."
She added: "Sam was 15 and in his final year of school. He was due to take his GCSE exams after Christmas. He was counting down to leaving school and he didn't have the chance. He was a gentle soul, with a wicked sense of humour and wild hair." The family no longer celebrates Christmas, and every time she gets into a car, she thinks of the crash.
Witness accounts and aftermath
Ms Fitzharris' partner of 20 years, Martin, said: "She was my partner, the mother of my children, my support and my best friend." Of his son, he said: "Sam was kind, considerate, loyal, and a loving person. He was polite and courteous to anybody. Losing them was the hardest thing I have ever had to deal with."
Hunter Gray, prosecuting, said the road conditions were wet and it was beginning to go dark, with numerous signs warning drivers to 'think' and drive 'slow'. One witness described seeing a sporty-type vehicle speed past overtaking another vehicle, while another said Hall's BMW was 'flying'. A third witness watched him drive past at a 'ridiculous speed' and commented: "you lunatic, you're going to kill someone."
Immediately after the crash, Ms Fitzharris' Apple Watch notified emergency services and their partner. A post-mortem report found Ms Fitzharris died from multiple injuries and Sam from abdominal injuries. The 13-year-old daughter, who was in the front passenger seat, suffered multiple injuries including fractured ribs, a fractured hip, a fractured pelvis, a deep laceration to the liver, and air in their chest.
Guilty plea and sentence
At the scene, Hall initially blamed Ms Fitzharris, claiming they had driven onto his side of the road. However, when officers later smelt alcohol on his breath, he told them to 'throw the book at me, mate'. He pleaded guilty to two offences of causing death by dangerous driving and one offence of causing serious injury by dangerous driving. A previous charge of driving above the alcohol limit was withdrawn at an earlier hearing.
Jane Greenhalgh, defending, said Hall had been described in character references as a 'hard working father' and a 'loving family man'. She said: "He made an error of judgement. It is his fault this accident was caused resulting in the horrendous loss of life. The defendant said to police that he thought Ms Fitzharris was in the wrong, that was his mistake. Ordinarily a thoroughly decent human being who has to live with his actions for the rest of his life. He has genuine regret and remorse."
Jailing him, Judge Jason MacAdam said: "There are no winners in this case. You tried to avoid taking responsibility including blaming Clair Fitzharris for causing this collision - that was cowardly. I consider any remorse and regret to be reactive and seeking to decrease the sentence. You deliberately ignored the rules of the road, and this was prolonged and persistent course of dangerous driving."
Hall, of Doctor Lane, Scouthead, Oldham, was jailed for 13-and-a-half years and banned from driving for six years and nine months. He must take an extended re-test before being allowed back behind the wheel.
