A BACK seat passenger in the horrific crash in May 2013 in which Shaya Leigh and Kerrylee O’Leary-Staniford died, Harry Livingstone has been spared jail after a court heard he is still struggling with the effects of the A419 accident.

Livingstone, 21, of Ashbury Avenue, pleaded guilty to dangerous driving and driving without insurance or a licence after leading police on an 80mph chase through Swindon last June.

In May 2013, Livingstone was one of five in the car driven by Shaya when it careered off the road, throwing him through the window and leaving him with severe injuries.

Hospitalised for three months, he had seven operations and metal plates installed after breaking his back in several places, fracturing his neck, and breaking his jaw, leg and arm.

Swindon Crown Court heard today that Livingstone had bought a brand new Range Rover Evoque just a week before he was due to take his driving test, fraudulently obtained insurance, and sped away from police carrying out a routine traffic stop on June 15 last year.

After reaching speeds of 80mph on Marlborough Road, with three passengers in his car, he crashed into Coate Roundabout in what officers called a ‘devastating’ scene.

Hannah Squire, prosecuting, told the court: “Just after midnight officers on patrol in Devizes Road saw a white Range Rover Evoque driving without its headlights on. The officers decided to stop the vehicle and followed it for a short distance, turning into Newport Street.

"They put their lights on and the Range Rover came almost to a stop. When officers drew alongside the car accelerated away from the police in the direction of Marlborough Road.

“That is a busy street with lots of licensed premises and people around and the police were clearly concerned. The car drove away at speed and a pursuit was granted.

"Officers pursued as the car sped up to around 80 miles an hour.

“The Range Rover was seen crossing white lines in the middle of the road where there were oncoming vehicles that had to take evasive action to avoid a collision.

“Partly due to the speed, the police car lost sight of the Range Rover, but when it rounded a bend to the roundabout could see it had crashed into a grass bank and there was smoke coming from the bonnet.

“There were a number of people in the vehicle, with three others in the car with the defendant. One officer describes the scene as devastating due to vehicle parts strewn across the road. One passenger said to the defendant: '...you nearly killed me.'

“When arrested at the scene his response was: ‘I was going to stop and don’t know why I didn’t. I’m a ****ing idiot.’

“Various drugs were also located in the vehicle - a small amount of cannabis and cocaine.

"In order to get insurance he claimed he had a licence. He did not.”

Rob Ross, defending, said: “The accident he was involved in in 2013 will haunt him for the rest of his life, and that isn’t meant to be a sob story. He appreciates he behaved like an idiot and his driving was dangerous.

"He panicked, started to drive onto Marlborough Road, and kept going faster and faster. He seemed transfixed and said he could not move his hands or foot off the accelerator. His friends were telling him to stop but he couldn’t. He was literally glued to the wheel.

“He had his test due to take place on the Wednesday after this incident. The week before he saw the car he wanted and bought it on impulse.

“There are elements of what happened 18 months ago that he needs to explore. He is a mature young man who is probably masking some serious trauma. Because of the horrific accident in 2013 he is now financially secure, and he has indicated he wants to take advice on what to do with the money rather than fritter it away.”

His Honour Judge Peter Blair QC, sentencing, said: “I might have thought being in the earlier accident you would be aware of the dangers of driving. It seems astonishing how you could have done this given your own traumatic experience in 2013 in a vehicle where two others died.

“I think it would be a retrograde step to make a prison sentence immediate. You would do four months and be back to square one. The repercussions of the previous accident you have not been able to sort out for yourself at your young age.”

Livingstone was given two eight month sentences to run concurrently, suspended for 18 months. During that eight months he will be electronically tagged under a curfew from 9pm to 7am.

He has also been banned from driving for 12 months, and made to pay £100 victim surcharge.