Man jailed over scrambler death

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A Belfast man has been jailed for three years for killing his partner's four-year-old son in an accident involving a scrambler motorbike.

Daniel McAllister, from Malvern Street, admitted causing the death by dangerous driving of David Spence last February.

Belfast Crown Court heard the child was "perched" on the front of the bike when it was in collision with a car.

Neither McAllister, 21, nor the child were wearing helmets. A judge said his actions were "grossly irresponsible".

McAllister also admitted a charge of no insurance.

The court heard McAllister drove the scrambler - which was unsuitable for road use - with David sitting in front of him "perched" on the petrol tank.

The court heard McAllister remained in a relationship with David's mother and the couple have since had a child together.

The accident happened at the junction of Berlin Street and Riga Street in the Shankill Road area of the city on 17 February 2005.

The Crown said McAllister was seen driving around the Shankill on the morning of the accident and the court was told "the onus was on the defendant to stop at the junction but he failed to do that".

Four-year-old David Spence died in the accident

He later told police he thought he had time to drive on through the junction but he collided with a car.

David fell off the bike and under the car and he died a short time later, on the way to hospital, from serious head wounds.

The prosecutor said that despite several witnesses saying they had seen McAllister driving fast prior to the accident, there was no evidence to suggest he was speeding on the approach to the junction.

McAllister's barrister said his client had not set out to harm David in any way, rather "the excursion was intended to please the child."

He said McAllister had shown "genuine remorse" and branded himself a "disgrace" when interviewed by police.

He also revealed the defendant was "functionally illiterate" with a limited intelligence.

Judge Derek Rodgers said he realised the defendant had been "devastated" by causing the death of a child he treated as his own.

He added: "Taking the scrambler on the road was bad enough but the defendant made things even worse by placing David in front of him on the petrol tank, then setting off with neither David nor himself wearing a crash helmet."

Branding the lack of helmets as "crass stupidity", the judge said: "I accept that this defendant set out not to kill a child who he treated as his own, he set out to entertain him."

"The effect of that gross irresponsibility is that the life of a child has been ended many decades before it should have been."

McAllister was sentenced to three years in prison and agreed to a further 12 month custody probation order for causing David's death.

He was also banned from driving for two years and fined £250 for driving with no insurance.