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Mum shops her hit-and-run son

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Tuesday, October 16, 2012
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The Bristol Post

A HIT-and-run driver who ploughed into a jogger before leaving her injured in the road has been jailed after being shopped to police by his mum.

Nicholas Smith had worked a nightshift and then had breakfast in a pub where he drank a pint of beer, a court heard.

  1. Nicholas Smith

    Nicholas Smith

On his way home the 22-year-old, of Oldlands Avenue, Coalpit Heath, hit runner Mushina Sarwar in Frampton Cotterell.

Bristol Crown Court heard he was not speeding or over the alcohol limit and had simply lost control, without any apparent reason.

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But after the accident he did not stop and instead went home, calling his mother and telling her someone had hit his car.

The court was told he came from an upstanding family and it was his mother who realised his involvement in the accident and immediately spoke to police.

Ms Sarwar suffered serious long-term injuries as a result of the collision.

Smith, 22, pleaded guilty to dangerous driving and failing to stop following the collision in April.

Jason Taylor, prosecuting, said another driver had to mount the kerb to avoid Smith before he struck Ms Sarwar, throwing her into the air so she crumpled back down onto his windscreen.

Mr Taylor said: "Unfortunately he failed to stop. The ambulance was called and Miss Sarwar was taken to hospital, where she stayed for nine days. She suffered a broken femur which had to have a metal rod, a cartilage tear to her left knee, multiple bruises and had to have stitches to her nose and jaw.

"When Mrs Smith got home two hours later she saw the damage. She heard there had been an accident and she put two and two together.

"She went to the scene and she explained to the officers what she was aware of."

The judge described Mrs Smith's conduct as "very responsible".

Smith told police he could not remember the accident. He admitted spending the morning in question in a pub but said he had just the one drink there.

He passed his driving test just seven weeks previously.

Miss Sarwar wrote a victim impact statement, in which she said she could not walk or sleep, had lost her job and felt it would be a slow process to regain the life she once had.

Tabitha Macfarlane, defending, stressed her client was a young man of previous good character who had always worked. She said he had sought the help of his GP to diagnose the reason for what happened, but nothing was forthcoming.

She said: "He is incredibly remorseful. He comes from a very close family and his mother surrendered herself and her son at the scene."

A message to the court from Smith's family said: "We sincerely apologise as a family to the young lady. We hope, in time, she'll get back to the life that she used to lead."

Jailing Smith for eight months, Judge Carol Hagen told him the case was too serious for anything other than immediate custody.

She said: "Serious injury was caused. How is a total mystery.

"That young woman received long-standing and serious injuries and it is clear that she has suffered both physically and psychologically.

"It is an injury which is on-going and one hopes she will recover."

Smith was banned from driving for two years and told he must pass an extended driving test before returning to the road. As Smith was sent down an upset supporter in the public gallery screamed: "It was an accident, for Christ's sake!"

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  • Profile image for NOTBITTER1

    by NOTBITTER1

    Thursday, October 18 2012, 9:42PM

    “totally respect this lady in every way.”

  • Profile image for Gazzabristol

    by Gazzabristol

    Tuesday, October 16 2012, 6:14PM

    “Total respect for his mother for doing the decent thing.

    As for the guy himself....drivers like that and their so called "accidents" are one of the reasons I am so reluctant to use my motorcycle or push bike for regular commuting.

    As to whether the jail term was appropriate....if he believes the accident was not caused by lack of sleep or alcohol (all deserving of a jail sentence even if within the limit IMO) then perhaps he would voluntarily request that his driving licence is permanently revoked to avoid a repeat of this mysterious "memory loss" condition occurring again.

    Somehow though I suspect that he will be back behind the wheel the minute his ban ends.

    Sentence fully justified IMO.”

  • Profile image for Hartman81

    by Hartman81

    Tuesday, October 16 2012, 12:53PM

    “Exactly right Gram77. The irony is, if he had stopped and stayed at the scene he probably wouldn't be going to prison. He was not over the limit and there is no evidence to suggest it was anything other than an accident.”

  • Profile image for Relics Furniture

    by Relics Furniture

    Tuesday, October 16 2012, 12:30PM

    “To the person in court who screamed: "It was an accident, for Christ's sake!"
    Smith has received a jail sentence not just for the accident which left a woman with serious injuries, but for driving off and leaving her lying in the road knowing what he had done and attempting to avoid any consequences.”

  • Profile image for A_Mushroom

    by A_Mushroom

    Tuesday, October 16 2012, 12:20PM

    “@crazy_golfer

    I don't know what happened in this case but a defendant's legal adviser may advise their client to offer no comment, which is less damning if delivered as loss of memory rather than a bland 'no comment'. The risk of saying too much is the risk that the defendant may incrimate themself. Sometimes in the case of a motoring offence it can be the difference between a charge of the lesser offence of careless driving and dangerous driving.”

  • Profile image for winford

    by winford

    Tuesday, October 16 2012, 12:14PM

    “Very brave lady.”

  • Profile image for crazy_golfer

    by crazy_golfer

    Tuesday, October 16 2012, 10:04AM

    “Something doesn't add up here..

    "Smith told police he could not remember the accident. He admitted spending the morning in question in a pub but said he had just the one drink there."

    If he only drank 1 pint why can't he remember the accident, thats just impossible. Maybe there is any answer..”

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