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Motorist appeals over crash death Motorist loses crash death appeal
(about 6 hours later)
A motorist who was drunk when she killed a 15-month-old boy in his pushchair is appealing against her seven year jail sentence. A motorist who was drunk when she hit and killed a 15-month-old boy in his pushchair has lost her appeal against her seven-year sentence.
Katie Gutierrez-Perez had also taken 14 sleeping tablets in a failed suicide attempt when she hit Finlay Woods in September 2008. Katie Gutierrez-Perez, 41, had also taken 14 sleeping tablets in a failed suicide attempt when she hit Finlay Woods in Chingford, east London.
She was jailed in January at Snaresbrook Crown Court for causing death by dangerous driving. She was jailed in January at Snaresbrook Crown Court for causing death by dangerous driving in 2008.
Her legal challenge is due to be heard by three judges at the Court of Appeal. The Court of Appeal threw out the mother-of-two's case on Friday.
The court heard the 40-year-old mother-of-two had been trying to drive herself to hospital after the failed suicide attempt but had taken tablets and drunk two bottles of cider and wine. The child's parents were present in court for the proceedings.
Her vehicle mounted the kerb and crushed the toddler's pram outside a primary school in Chingford, east London. Tragic case
Sentencing her, Judge Timothy King said: "I acknowledge that you have to live with Finlay's death on your conscience for the rest of your life, but your criminal behaviour that afternoon will have left its mark on this family for the rest of their lives." Gutierrez-Perez was in the dock of the court to hear the ruling.
Lord Justice Aikens, who said the "facts of this tragic case are chilling", announced that the sentence imposed was "absolutely correct" - it was neither wrong in principle nor manifestly excessive.
She was driving to hospital after a failed suicide attempt, the original trial heard.
She was one-and-a-half times above the legal alcohol limit and had also taken 14 sleeping tablets in an effort to kill herself after she got into financial difficulties following the break-up of her 18-year marriage.
Moments before the crash in September last year, a car tax inspector had tried to stop her driving the vehicle.
The inspector found Gutierrez-Perez's car was declared off the road and also discovered her rear tyre was dangerously low on pressure.
But while he called for a tow truck, she sped off, having changed her mind about suicide for the sake of her two teenage children and decided to drive herself to hospital for treatment.
After sentencing, Finlay's mother said no jail term could ease her suffering.