- 22-year-old Zach Spencer lost control of his car under the influence of nitrous oxide
- Shirley Muirden, 31, who was in the taxi, died of a ruptured liver.
A driver who killed a dialysis patient while driving from hospital after inhaling nitrous oxide has been jailed for four years.
Zac Spencer lost control of his Volkswagen Scirocco when he took the substance – also known as laughing gas or ‘hippie crack’ – and crossed to the opposite side of the carriage and into the cab driven by Razwan Hussain.
Passenger Shirley Muirden, 31, suffered multiple injuries and died of a lacerated liver, while Mr Hussain suffered multiple fractures to his leg.
Derby Crown Court heard police found a nitrous oxide canister in Spencer’s car following the incident.
The 22-year-old had taken ketamine, and had twice the legal driving limit of 20 micrograms per liter of blood in his system.
The hearing was told by a coroner that the crash was caused by Spencer taking the substance before driving, which meant he ‘lost control of the vehicle’.
Jailing Spencer, who pleaded guilty to causing death by dangerous driving, Judge Shaun Smith Casey also banned him from the road for 12 years.
Although there is controversy over exactly when Spencer took the nitrous oxide, he admitted he inhaled the compound before getting behind the wheel and said: “That’s a big deal in my mind.
‘Those who knew and loved Shirley are absolutely devastated and devastated.’
Nitrous oxide has become increasingly popular as a recreational drug among young people, with the drugs in silver cans or balloons becoming a common sight in community settings.
Dr David Nicholl, consultant neurologist at Birmingham City Hospital, told MailOnline in November: “We know that some drivers ‘balloon’ when they drive.
“First of all, there are several ways to prevent repeated use in hypoxia – lack of oxygen – because nitrous oxide itself has a short-term effect, as well as the concentration itself while driving.
‘Eventually, short-term inhibition of laughing under the influence itself may be the cause.’
While driving under the influence of any drug, including nitrous oxide, is already illegal, possession of nitrous oxide is not illegal.
But in March, the government said it wanted to ban the drug due to concerns about anti-social behaviour.
The number of road accidents caused by motorists has risen to 1,800 in the past three years following the Dutch government’s outlawing of its sale and possession last year.
Penalizing drivers for using nitrous oxide can be difficult because the drug only stays in the body for a short time and cannot be detected in most routine drug tests.
Prosecutor Steven Gosnell said Ms Muirden’s fatal accident happened at 11.30pm on June 3 last year when Mr Hussain was driving from hospital at 50mph when he crashed on the motorway.
Spencer, who had friend Joseph Stewart in the passenger seat, was traveling in the opposite direction on the A6 at Alestre, a suburb of Derby.
The court heard that when Spencer’s car crossed the carriageway and collided with Mr Hussain, he did not brake or take any action to save him.
The speedometer in the Scirocco was left at 42 mph, suggesting that was the speed Spencer was driving at the time.
Although she was able to contact emergency services at the scene, Mrs Muirden died of her injuries in hospital the following day.
Spencer suffered minor injuries, while Mr Stewart suffered a broken ankle.
Mr Gosnell said police searched Spencer’s car and found a Ziploc bag containing 1.28 grams of ketamine, as well as nitrous oxide canisters and balloons.
He added: “Forensic collision investigator Matthew Lacey said (the cause of the accident) that the driver, Zach Spencer, had taken substances which in his opinion meant he was not in proper control of the vehicle.” .
In a victim impact statement read to the court by the judge, Ms Muirden’s father John said his daughter was ‘incredible in mind and spirit’.
He added: “She was very brave and loved her family. The Christmas table will never be the same again. We will love her forever.
Darron Whitehead, defending, said Spencer admitted dangerous driving and assault causing grievous bodily harm; He had never been in trouble before.
He added: “At school he was a perfect student and did well in his GCS. He is described as a quiet, gentle young man. This was out of character for him.
He soon realized the dangers of taking ketamine and inhaling nitrous oxide, let alone driving.’
Spencer of Belper was supported in court by his parents, grandparents and brother.
After the hearing, Ms Muirden’s sister Sheena Muirden, 27, condemned Spencer’s driving.
She said: “I understand he is not trying to kill anyone. But I cannot forgive stupidity and carelessness. There was no consideration for anyone else on the road.
Shirley was brave in life. She was and continues to be an inspiration to all who knew her.’
Nitrous oxide is legally available to commercial operators for use in cream dispensers and other services.
In the year In 2018, 18-year-old William Thompson was jailed for almost a decade after inhaling laughing gas at the wheel and killing two women in a collision on the A41 in Hertfordshire.
More than 50 nitrous oxide canisters were found on the road after the accident.
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