Driver who failed to stop at scene of fatal road collision branded ‘shameful’
Elliott Nash, 33, was given a suspended sentence on Friday after pleading guilty to failing to stop after an accident and driving while uninsured.
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An uninsured driver who failed to stop when his car “brushed” against a district judge as he tried to cross a busy road in Birmingham after Christmas celebrations, before he fell to the ground and was hit by another vehicle, has been handed a suspended sentence.
Lawyer Matthew Mawdsley, a father-of-three who lived in Manchester, had been appointed as district judge in Birmingham just weeks before he suffered fatal injuries in a collision on the A38 Aston Expressway on December 16 2022.
The 54-year-old, who had been staying at a hotel in the city for his work celebrations due to train strikes, had been trying to cross the busy carriageway at around 10pm when he collided with the rear nearside of a car being driven by Elliott Nash.
The 33-year-old was on his way home from working on a stall at a Christmas market in Cathedral Square.
You know now, but you should have known then, that your behaviour was shameful and selfish, if not utterly cowardly
After Nash’s vehicle “clipped” Mr Mawdsley, he fell to the ground and was then hit by another car, suffering catastrophic head injuries, as well as fractures to his pelvis, ribs and hip.
Nash did not stop at the scene of the crash, but his black Ford Kuga was traced back to his address by police at around 3am the next morning and he was arrested.
Nash, from Willenhall in Walsall, pleaded guilty to failing to stop after an accident and driving without insurance at Birmingham Magistrates’ Court in July last year, but faced a trial in February after denying causing death by driving whilst uninsured.
A jury of six men and six women at Birmingham Crown Court failed to reach a verdict and the prosecution decided not to seek a retrial, so Nash was sentenced for the two offences he pleaded guilty to earlier.
Mr Mawdsley’s family watched the hearing remotely on Friday as Nash was given a four-month jail sentence, suspended for 12 months, by Judge Sarah Buckingham.
Judge Buckingham branded Nash’s decision to drive home after clipping Mr Mawdsley “shameful and selfish, if not utterly cowardly” and said that he likely did not stop because he knew he was not insured.
She said: “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.
“No one who has heard the facts of the case can help but be affected and the ongoing pain and grief for his family must be hard to bear.
You must have suspected that Mr Mawdsley was at least injured. The suggestion that you thought it was not serious is ridiculous
“You should not have been driving that night as you weren’t insured. Unlike other drivers at the scene, you did not stop, instead you continued to drive home, said nothing to your wife about what had happened and began drinking.
“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.
“You know now, but you should have known then, that your behaviour was shameful and selfish, if not utterly cowardly.
“You must have suspected that Mr Mawdsley was at least injured. The suggestion that you thought it was not serious is ridiculous.
“I don’t accept that you thought you were insured as you were sent multiple letters by the insurance company about it yet you still continued to drive your car for about two months.
“I accept that you have been truly affected by these events, as has your family.”
Nash was also banned from driving for six months, but that has already been served during an interim disqualification, was ordered to pay a £500 financial penalty and complete 15 rehabilitation activity days.
Judge Buckingham noted Nash will likely have his licence revoked by the DVLA as he has been driving for less than two years and warned him not to drive until he has taken a retest.
After the sentencing, prosecutor Phillip Bradley KC paid tribute to Mr Mawdley’s wife.
He said: “Her and her husband’s lives were completely dovetailed. They were in a relationship for more than 20 years and they completely loved each other.
“She has had to endure these proceedings, in which difficult decisions have had to be made.
“The fortitude she has shown has been noticeable and I wanted to record that before we finished.”