A hit-and-run driver who left a 16 year-old boy with serious brain injuries after knocking him over in West Kirby has been given a suspended prison sentence.
Simon Smith, who had drunk two pints of beer earlier, hit the boy as he crossed the road outside the Wro pub in Grange Road at 7pm on the evening of Friday March 25.
Smith, 22, of Elm Grove, Hoylake, had seen the boy and two pals on the pavement but as he got nearer he glanced into a bar to see if he could spot any friends and struck the lad who was by then crossing the road from his left.
One of his companions, who appeared to have rushed over trying to beat the car, safely crossed but the boy was thrown into the air, Liverpool Crown Court was told yesterday.
But instead of stopping, cowardly driver Smith, who was estimated to have been travelling at between 23 – 32 mph at the time of the impact, drove off. He abandoned his Vauxhall Corsa soon after but did not call for help for the boy and instead went to a pub with friends.
Sentencing him Judge Clement Goldstone, QC, the Recorder of Liverpool, said that the victim’s “serious, if not catastrophic, brain injuries which were initially life threatening are likely to blight him for the rest of his life. You knew you had knocked over and injured that young man.
“I do not suggest you knew how badly he had been injured but equally you did not know or care at that time whether he was dead of alive.
“Your only concern was for your own safety and well being. You did a runner.”
He said that after going home Smith did not sit and reflect on what had happened but “went to the pub and got tanked up.”
The judge said that cocaine user Smith “had taken his eyes off the road to look to the right hand side to see if anyone was outside the public house and when the boy got to the middle of the road you struck him.
“Your conduct after the accident was far more blameworthy and far more shameful than the driving itself.
“It is something you will have to live with for the rest of your life. You show yourself as a young man, maybe immature, a young man totally devoid of any moral fibre at all.”
The court heard that while in the pub Smith told friends about the accident. One of them told the police and the driver was arrested.
Smith was originally charged with causing serious injury by dangerous driving which he denied but he admitted careless driving. This was accepted by the Crown as his driving was no faster than 32 mph along the 30 mph road and it fell short of being classified as dangerous.
Smith also admitted failing to stop after an accident and failing to report it.
He appeared in the dock with his father, Brian Smith, 49, of the same address, who was accused of assisting an offender by moving his son’s damaged car 75 yards after the collision.
Simon Duncan, prosecuting, said that the Crown Prosecution Service had decided to charge Brian Smith with assisting an offender because it was not in the public interest to charge him with attempting to pervert the course of justice.
Judge Goldstone said that he did not agree with that decision and asked that Merseyside’s Chief Crown Prosecutor should consider whether Smith snr should be charged with the other offence. The assisting offence was dismissed and he was discharged from the dock.
Mr Duncan told the court that the accident happened outside the Wro after Smith had driven out of Dee Lane on his way towards Hoylake.
When interviewed Smith said he had drunk two pints before the incident and experts calculated that he would not have been over the drink driving limit at that time.
The victim was taken by ambulance to Walton Hospital “with what was regarded as a life threatening injury” and underwent surgery. He was not discharged until June 22.
Matt Reynolds, defending, said that Smith, who has previous convictions for dishonesty, battery and harassment, admitted that after the collision “his decision to drive off was a cowardly and self-seeking act.
“He is thoroughly ashamed of that decision made in the heat of the moment.”
He had been going to become a golf professional but ended up serving a custodial sentence. He now works for a skip hire company as a picker and became a father three weeks ago although he is no longer with the mother.
Sentencing Smith, who repeatedly wiped away tears during the hearing, the judge pointed out the maximum sentence he could impose was six months, of which he would only serve half, and he said it did not seem appropriate to burden the public purse with the cost of his imprisonment for such a short period.
He described it as “a bit rich” for Smith to ask for a merciful sentence but he said an immediate sentence would not make him a better man. “The only man who can make you a better man is you yourself.”
He sentenced him to four months imprisonment suspended for 18 months and ordered him to carry out 25 days rehabilitation activities and perform 200 hours unpaid work.
Judge Goldstone also imposed a three month curfew with an electronic tag between 7 – 6.30 am, ordered him to pay fines and costs totalling £225 and banned him from driving for 12 months.
“You should be thoroughly ashamed of your disgraceful behaviour. The accident could have happened to anybody. Careless driving covers a multitude of sins and the consequences of your carelessness were not intended by you but what you did afterwards was despicable.
“Grow up, go away and don’t come back,” he added.
A major police hunt was launched for the driver after the hit and run accident
