BBCA driver who crashed into a motorcyclist leaving him with multiple broken bones has been spared jail after an appeal for mercy from his victim.
Ciaran Mitchell, 24, from Cornshell Fields in Londonderry, struck the motorbike rider on Londonderry’s Strand Road on 10 May 2024.
On Friday, Mitchell pleaded guilty to causing grievous bodily harm by driving without due care and attention at the city’s magistrates’ court.
Suspending a four-month sentence for two years, Judge Ted Magill said he was doing so because of his victim’s “unexpected praiseworthy act of generosity”.
In a victim impact statement, the motorcyclist said he “wouldn’t want to see you (Mitchell) going to prison”.
“All that I wish is that you are more careful in the future,” he said.
The court heard CCTV footage showed Mitchell driving across the path of the motorcyclist and colliding with him.
He was hurled through the air before crashing into the road, sustaining multiple compound fractures that required five hours of surgery.
‘Completely life changing’
In his statement, the motorcyclist said he had been told injuries like those he had sustained often resulted in amputation.
He added: “When I came out of surgery the first thing I felt and looked down for was my legs to see if they were still there.”
The victim said the collision has been completely life changing for me and my family”.
“On our first wedding anniversary, my wife had to push me in a wheelchair into a restaurant for our anniversary meal.”
At the time of the accident, the victim’s mother was receiving palliative care for cancer.
“She couldn’t come to visit me often because she was so unwell. I lost that time with her also, she passed away last 4 December.”
‘Could have been a life lost’
Directly appealing to Mitchell, he added he understood the defendant had not set out to hurt anyone.
“I just hope in the future when or if you are driving you take due care especially when coming to junctions.
“That one mistake you made could have been a life lost. It has impacted on my entire family. I also wouldn’t want to see you going to prison.”
In sentencing, the judge told Mitchell: “You caused him to sustain appalling injuries but despite all of this your victim says he does not want to see you going to jail and just wants you to be more careful in the future.
“Because of the generosity of this person, because you have pleaded guilty and because you had no previous convictions, I will not send you directly to prison.”
Mitchell was also disqualified from driving for two years.
