Uninsured driver, 33, who hit district judge with his car seconds before the father-of-three fell to the floor and was run over and killed by multiple vehicles is spared jail
An uninsured driver who knocked down a district judge with his car seconds before he was run over and killed by multiple vehicles has been spared jail.
Elliott Nash, 33, hit Judge Matthew Mawdsley, 54, as he tried to cross a busy dual carriageway to reach his hotel following a Christmas[2] night out with colleagues.
A court heard the impact knocked the father-of-three to the ground and moments later he was struck by several other vehicles on the Aston Expressway in Birmingham[3].
He was confirmed dead despite the efforts of medics after suffering catastrophic injuries on December 16, 2022.
Mr Mawdsley had recently been appointed as a district judge for the West Midlands following a career as a barrister and had been at a judge's lunch earlier in the day.
Nash, who had been working at a Christmas stall in the city centre, drove away from the scene but was later arrested by police.
Elliott Nash, 33, hit Judge Matthew Mawdsley (pictured), 54, as he tried to cross a busy dual carriageway to reach his hotel following a Christmas night out with colleagues
He previously admitted failing to stop after an accident and driving while uninsured, and was sentenced to four months in jail, suspended for 12 months today (Fri).
Nash, of Willenhall, West Mids., also had six penalty points put on his licence, was banned from the roads for six months and fined £500 at Birmingham Crown Court.
Sentencing, Judge Sarah Buckingham told Nash his actions had been 'shameful and selfish'.
She said: 'On December 16, 2022 the devastating consequences of Mr Mawdsley's decision to attempt to cross the A38 lead to him losing his life.
'You know you should not have been driving that night.
'You were not insured and you must have known that Mr Mawdsley did cross the road and brushed against your car and almost immediately fell to the floor on that very busy carriageway.
'You did not stop and you drove directly home saying nothing about the accident to your wife.'
The court heard Mr Mawdsley, from Manchester, had only just been appointed as a district judge at Birmingham County Court by King Charles.
He had been out celebrating a district judges' Christmas lunch earlier in the day and decided to stay in Birmingham due to the train strikes.
He carried on drinking and attempted to cross the four lane Aston Expressway just before 10pm.
Pictured is Elliott Nash outside of Birmingham Crown Court after being spared jail
Philip Bradley, prosecuting, said his decision to cross at the point where he did may have been influenced by the fact he had been drinking and was disorientated,
He said: 'Having brushed against the defendant's car Mr Mawdsley was spun and as a result of being spun he went to the floor of that busy carriageway.'
Within seconds he was struck by other vehicles and killed with a pathologist report later recording the cause of death as multiple injuries.
Nash later told police officers he was aware he had hit someone having seen it happen either in his rear view or wing mirror but still returned home.
Mr Bradley said 'He chose to drive directly home. Once there he said nothing about the accident to his wife.
'Police went to his home at around 3am. Asked by officers why he did not stop in one breath he said he was in shock.
'And in another he said he did not think it was a serious incident that warranted involvement of the emergency services.'
He was breathalysed and found to be over the legal drink driving limit but it was not possible to say whether he was at the time of the collision.
Nash had previously been accused of causing death while driving when uninsured but a jury previously failed to reach a verdict following a trial.
The Crown Prosecution Service decided not to seek a retrial and offered no further evidence.
Sharon Bailey, defending, said 'We have had an opportunity to view CCTV footage of what happened several times.
'Nash did not have that opportunity. He had a split second or two to make a decision.
'He made a grave error of judgement and accepts that. He had had to wait nine months to know his fate.
'He faced a more serious charge which the prosecution have not proceeded with.'
In a tribute at the time, his family said: 'We are heartbroken at the loss of our beloved Matt.
'He was a treasured father-of-three, husband, son and brother, as well as being a valued friend and respected colleague to so many people.
'He achieved much in his long career as a barrister, especially his recent appointment as a District Judge, but it was his warmth, humour, kindness and generosity that made him so well loved.
'We will love Matt always and ask please that our privacy be respected as we grieve for him.'
References
- ^ Tom Cotterill (www.dailymail.co.uk)
- ^ Christmas (www.dailymail.co.uk)
- ^ Birmingham (www.dailymail.co.uk)