Suspended sentence for Suffolk man following serious vessel collision in August 2016

A Suffolk man has been sentenced to nine months in prison, suspended for 12 months following a serious vessel collision.
Nicholas Barrett of Oulton Broad, was sentenced at Ipswich Crown Court today (1st September) in connection with a collision between his Rigid Inflatable Boat (RIB) and a moored vessel, resulting in life-changing injuries to his partner and serious injuries to one of his young daughters.
Mr Barrett, who pleaded guilty for operating an unsafe vessel, contrary to section 100 of the Merchant Shipping Act 1995, was prosecuted by the Maritime & Coastguard Agency following a joint investigation with the Broads Authority.  
On the night of 25 August 2016, Mr Barrett’s RIB crashed into a wooden motor cruiser on Oulton Broad. Mr Barrett, together with his partner and their two young daughters aged 10 and 8, were travelling at high speed across the Broad without lights when it struck the other vessel. The impact was of such force that a hole was punched into the wooden motor cruiser, which propelled the owner out of his bunk. Barrett’s partner and one of the daughters were thrown into the water. One of the RIB’s tubes was punctured and it was only sheer luck that neither vessel sank.
The owner of the moored cruiser immediately came on deck with a torch and saw Mr Barrett’s partner submerged under water. His quick actions, locating Mr Barratt’s partner, allowed Mr Barratt to pull her from the water into the RIB. Mr Barrett’s partner suffered multiple fractures to the skull and body and as a result was detained in hospital for several days alongside one of their daughters who had sustained a severe cut to her forehead and leg. Mr Barrett and his other daughter also sustained injuries.
Suffolk Police, Suffolk Fire & Rescue Service East of England Ambulance Service and Lowestoft and Southwold Coastguard Rescue Teams attended the scene to meet the injured parties, who had been brought ashore by a brave local resident, who had rowed to the scene in darkness in his rowing boat after witnessing the collision. It was clear to emergency services that some of the injuries were extremely serious and required immediate hospital treatment. Mr Barrett, who was breathalysed on scene at 53mgs, was aggressive to emergency staff, questioning the need for their involvement and the need for his family to attend hospital. He continued this behaviour at hospital and was required to leave.
In sentencing, Judge Devaux at Ipswich Crown Court commented on the breathalyser reading of Mr Barrett. He also referred to what he said was the apparent culture of drinking on boats and the consequential risks.
In recognising Mr Barrett’s early plea of guilty, he was sentenced to a total of  nine months imprisonment – suspended for 12 months, 15 days rehabilitation activity, 120 hours unpaid work. He was also ordered to pay costs of £15,000 and £140 victim surcharge.
Lucy Burchnall, Head of Ranger Services for the Broads Authority, said: ‘The investigation highlighted the flagrant disregard for the safe operation of the RIB and breached a number of Broads Authority byelaws.  This case is a good example of cooperation between organisations to bring forward this prosecution.

Jeremy Smart, Head of the MCA Enforcement Unit, said; ‘From the very onset, Mr Barrett has shown a callous disregard for his actions, refusing to cooperate with our investigations and declining to be interviewed. This case highlights the enormous risks associated with, what can only be described as, reckless behaviour and a total disregard for safety of not only himself, but his partner and children. The dangers of travelling at speed at night over unlit water without lights are obvious. There is no room for complacency, especially when you are responsible for the lives of others, particularly children. The risks were compounded in this case by the fact Barrett had been drinking. This case could very easily have had a tragic outcome. The MCA’s MGN 538 provides sound advice for keeping safe on pleasure vessels and we would urge all owners and skippers to make themselves familiar with its content.’   

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