Judge praises ‘very rare’ plea for mercy for man who caused pensioner’s death from victim’s family

A 40-year-old man whose careless driving caused a pensioner’s death in the Cotswolds has avoided jail after an unusual plea for mercy – from the victim’s own family.

The district judge who sentenced Richard Allison commented on how uncommon it was for grieving relatives of a crash victim not to want the guilty motorist sent to prison.

Steven Smart, 66, of South Cerney, died after a BMW driven by Richard Allison, of Wokingham, Berkshire, careered into the back of his Fiat Punto at Birdlip on March 27 last year.

At Cheltenham Magistartes Court on Thursday Allison, pleaded guilty to causing Mr Smart’s death by careless driving.

District Judge Joti Bopa-Rai was told Mr Smart died at Southmead Hospital, Bristol, a month after the collision, from multiple chest and spine injuries.

The collision took place at 8.45am on March 27 last year approaching a roundabout on the A417 at Birdlip, the court heard.

Prosecuting lawyer Sonia Alford said: “Police received a call that a white BMW had ploughed into the back of a Fiat Punto stationary in a queue of traffic leading to a roundabout.

“Steven Smart, who was in the Fiat, suffered chest and spine injuries and was taken to Southmead Hospital in Bristol, but he died on April 24.

“Mr Allison gave negative drink and drug tests and said that he had had a momentary lapse in concentration and although he braked it was too late to avoid a collision.

“In a victim impact statement Roderick Smart, one of the deceased man’s three brothers, said that he and his own children miss him very much and the grandchildren still ask when he is coming home.

“The family wish the court to know, however, that although they felt anger at first they do not want a custodial sentence to be imposed.”

Defending barrister Charles Row said: “My client is a hard-working, kind and sensitive family man – a father-of-two – and he will always feel guilt at what has happened.

“He feels deep sadness and remorse and this has had a devastating emotional effect upon him.”

The district judge said: “This momentary lapse of concentration has had dire consequences.

“I am grateful to the family of Mr Smart for showing such a compassionate approach of not wanting the defendant to go to jail, which he is not. This is a very rare view in such cases.”

Allison was ordered to do 180 hours of unpaid work and placed on a 12-month community order.

He was also banned from driving for a year and ordered to pay £85 prosecution costs.