Uninsured driver sentenced in judge road death case
- Published
An uninsured driver who failed to stop after his car "brushed" against a judge who was killed as he crossed a busy road in Birmingham, has been handed a suspended jail sentence.
District judge Matthew Mawdsley, from Manchester, suffered fatal injuries on the A38 Aston Expressway on 16 December 2022.
The 54-year-old fell to the ground after he was "clipped" by a car driven by Elliot Nash and was then hit by another car, suffering catastrophic head injuries and fractures to his pelvis, ribs and hip.
Nash, 33, from Willenhall, Walsall, pleaded guilty to failing to stop after an accident and driving without insurance. On Friday, was given a four-month jail sentence at Birmingham Crown Court, suspended for 12 months.
He had faced a trial after denying causing death by driving while uninsured, but a jury failed to reach a verdict and the prosecution decided not to seek a retrial, so he was sentenced for the two offences he had pleaded guilty to.
Mr Mawdsley, a father-of-three, had been out for Christmas celebrations with his colleagues and was walking back to the hotel he was staying in before the crash at about 22:00 GMT.
The court heard that he fell to the ground after being struck by the rear nearside of a black Ford Kuga being driven by Nash, who did not stop at the scene of the crash and was arrested by police the next morning.
The 33-year-old had been on his way home from working on a stall at the Christmas market in Centenary Square.
'Shameful and selfish'
Judge Sarah Buckingham branded Nash's decision to drive home after clipping Mr Mawdsley as "shameful and selfish, if not utterly cowardly" and said that he likely had not stopped because he knew he was not insured.
"The devastating consequences of Mr Mawdsley's decision to cross the A38 led him to tragically lose his life. Nothing I say today will change that," she said.
Nash was also banned from driving for six months, which had already been served during an interim disqualification, and was ordered to pay a £500 penalty.
Judge Buckingham said Nash would likely have his licence revoked by the DVLA as he has been driving for less than two years.
"As to why you didn't stop, you said on one hand you were in shock and later that you did not think it was serious enough to warrant the attention of the emergency services," she told the court.
"You must have suspected that Mr Mawdsley was at least injured. The suggestion that you thought it was not serious is ridiculous."
After the sentencing, prosecutor Phillip Bradley KC paid tribute to Mr Mawdley's wife.
"Her and her husband's lives were completely dovetailed," he said, "They were in a relationship for more than 20 years and they completely loved each other.
"The fortitude she has shown has been noticeable and I wanted to record that before we finished."
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