Sentence reduced for car dealer who killed pensioner in hit-and-run
A CAR dealer who killed an elderly man in a hit-and-run crash has had his jail term almost halved by top judges on appeal.
Former newsagent Philip Davis, 74, was walking in the road at night on the A420 at Tog Hill when car dealer Martin Smith hit him in June 2009.
Smith, right, was driving with dipped lights in “pitch-black” conditions and calculated to be just over the alcohol limit, when the case was heard at Bristol Crown Court.
He did not brake before the impact and, afterwards, limped the badly damaged silver Porsche Carrera to a car repairer’s home and told him he had hit a deer, the court also heard.
The 39-year-old of Willow Close, Wick, pleaded guilty to causing death by careless driving while over the prescribed limit in alcohol, as well as dangerous driving and was jailed for four years and banned from driving for four years.
At the time Mr Davis’ family said the sentence was too short but now judges sitting at London’s Criminal Appeal Court slashed his sentence – cutting his jail term to two-and-a-half years and his driving ban to three years.
His lawyers argued his sentence was “too harsh”, saying the crown court judge didn’t take enough account of his previous good character – including the fact he had no history of bad driving, despite motoring around 30,000 miles a year for work. They also said the road was “completely unsuitable” for pedestrians, so he had not expected anyone to be there, and he was “genuinely remorseful” for what happened.
Allowing the appeal, Mr Justice Owen said four years was “excessive” in the circumstances of the case. The judge also reduced Smith’s driving ban, but said he would still have to take an extended driving test.
6 Comments
by roly12345
Friday, December 09 2011, 1:27AM
“After running someone over he left them to die, cold and alone, that is why everyone is so critical of Smith.
Accidents happen all the time and on occasion some people get killed, but the driver rarely goes to prison, because it was an accident and THEY STOPPED TO HELP ANOTHER HUMAN BEING.
For some that last statement doesn't fit their life mantra of me me me me me me me, while that works some of the time, you will get caught in the end, won't you Mr Smith.”
by rrrrr00
Thursday, December 08 2011, 12:11AM
“"The road the accident happened on has no street lights or pavements and is a 60mph road, Mr Smith was driving at 55mph. A road which has clear signs that deers are within the area. The poor gentlemen walking that evening was suffering with alzhiemers and walking in the middle of the road, in dark clothes at 11pm. This was a tragic tragic accident which was unavoidable and whatever happened after the accident would not have changed the loss of Mr Davis life. The outcome of what happened that night has probably changed the lives of all those involved. To say Mr Smith has shown remorse due to his prison sentence is an awful judgement. Nobody knows the effect this has had on both familes apart from those that are involved. Its a shame people are too quick to judge."”
by roly12345
Friday, November 25 2011, 9:14PM
“Leaving someone dying in the road to save having to explain yourself is most definitely the worst actions of a selfish, criminally minded, sub human.
Smith, if truly remorseful should never have contested his original sentence, but sat weeping in his cell praying for forgiveness and hoping beyond hope these few years of confinement would help make him a better person.
Clearly the self motivated man isn't now or ever was moved by others suffering, even when it was his callous actions that caused it.”
by LeoJSmith
Friday, November 25 2011, 4:50PM
“Stagnate, you make excellent points... Car drivers get away with murder.”
by Stagnate
Friday, November 25 2011, 4:32PM
“Smith knew he had been drinking, he knew he had hit a pedestrian and he lied about the damage to his vehicle having driven it to a car repairers home, all the actions of a man who knows he has committed a serious offence, yet he had his sentence reduced on appeal.
The fact he had, according to his lawyers, a previously good character is only true insofar as he hasn't been caught driving over the drink/drive limit or in a reckless and dangerous manner - you cannot believe that this was the first time occurrence.
That the road was unlit also has no relevance as Smith should have been driving within the limits of prevailing conditions. It would be interesting to see what speed he was doing in his Porsche Carrera and the length of time between the incident and Smith being breathalyser.
The reduction of the sentence and ban is a slap in the face to the Davis family and should have been increased on appeal rather than reduced as a warning to others.”
by swrural
Friday, November 25 2011, 9:38AM
“Judges are motorists and many drink alcohol to excess, in other words they are like us, That's the problem. It's not possible to have an objective outlook under those circumstances.
The great god 'male motorist' must be cowed before and respected. So sad for the victim's family. I wonder if the argument 'unsuitable for pedestrians' was accepted? In that case such roads should be signed accordingly as if it were a motorway.”