AN Oxfordshire-based serviceman who was co-piloting an RAF helicopter when it crashed, killing three people, has been spared jail.

Former Flight Lieutenant Robert Hamilton, 29, was not given a prison sentence because he was left paralysed by the August 2007 smash.

The 33 Squadron member, based at RAF Benson, was the co-pilot in a £20m Puma helicopter when it was deliberately flown into a descent at a high speed, which it was not suited for.

At a Wiltshire court martial, prosecutor Michael Powers QC said “common sense, professionalism and self awareness” had broken down during the flight in North Yorkshire.

He said at Friday’s hearing: ”The Crown say it was a lot more than a jolly, unfortunately a fatal one.” Hamilton did not cause the crash, he said.

The helicopter had earlier flown over the ground, scaring troops, while crew members made machine-gun noises, the judge was told.

The pilot, Flight Lieutenant David Sale, and Sergeant Phillip Burfoot and Private Sean Tait died in the crash. Nine survived.

Hamilton, from Northern Ireland, broke his back and uses a wheelchair.

He pleaded guilty to neglect in flying likely to cause loss of life or bodily injury and was sentenced to 16 months' imprisonment, suspended for two years. A further charge of wilful neglect was left on file.

Ian Lawrie QC, defending, said: "There is nothing he can say via me to excuse these failings. He accepts they were inappropriate.”

Vice Judge Advocate General Michael Hunter said: “Any sentence less than prison would be derisory in our view because of the tragic consequences of this incident.

"But we cannot overlook the fact you have been paralysed and effectively sentenced to a life sentence.”