On November 6, 2021, Alicia Fairclough, 35, fatally injured her partner Thomas "Tom" Benson while driving his Audi A8 in Bolton, exceeding the speed limit by more than double. The couple had just left a wedding with their children, departing Rivington Barn around 10pm when the crash occurred on Lever Park Avenue in Horwich.
Following the incident, their daughter asked a passerby, “Why did my daddy do that?” Fairclough indicated that after an argument, Mr. Benson grabbed the wheel, prompting her to drive home instead since he was intoxicated and unsteady on his feet. Although she had consumed alcohol earlier that day, she was not over the legal driving limit, as stated by Manchester Crown Court.
Fairclough sustained serious injuries from the collision, resulting in physical and neurological complications, and she has no recollection of the events leading up to or the crash itself. Despite her denial of responsibility, she was found guilty of death by dangerous driving.
During the court proceedings, Lydia Benson, Mr. Benson’s mother, shared her pain in a victim personal statement: “No parent should have to say goodbye to their child. It is an understatement to say they have suffered life-changing traumatic events. Tom was my only son, my eldest child, and big brother to two sisters. The truth is Tom is dead, and your actions caused that, Alicia.”
Mr. Benson’s father, Tony Benson, expressed his ongoing grief, stating, “Trauma and sadness are still hanging over our family. He was loving, caring, and devoted to his children. They are the living legacy of him.”
David James, Fairclough’s lawyer, highlighted the devastating impact of Mr. Benson’s death on everyone who knew him, including Fairclough, who had plans to marry him in June 2022. He noted that she has since worked to create a stable home for their children and began a university degree.
Mr. James argued that Fairclough is the primary caregiver for her children and emphasized the disruption her incarceration would cause to their lives. He insisted that she posed no danger to society and had no prior criminal record.
While sentencing Fairclough, Judge Patrick Field KC addressed the significant loss experienced by the community, stating, “The death of Tom Benson demonstrates, clearly, that no man is an island.” He acknowledged that the argument preceding the crash might have distracted Fairclough, and that Mr. Benson’s action of removing his seatbelt contributed to the tragic outcome.
Taking into account Fairclough’s role as the sole caregiver, the judge decided to suspend her prison sentence. Fairclough received a two-year jail term, suspended for two years, along with 15 days of rehabilitation activity requirements. Additionally, she was banned from driving for three years and must complete an extended retest before regaining her driving privileges.