Impatient driver who knocked down and seriously injured elderly woman in Ramsgate spared prison
Published: 14:00, 17 August 2024
An impatient driver who knocked down an OAP after reversing to escape traffic has narrowly avoided prison.
Danny Lowe, of Birchington, caused his elderly victim life-changing injuries that have left her a “nervous wreck” and “isolated” in her own home.
But the 43-year-old has been spared an immediate spell behind bars after magistrates heard he had been struggling with his mental health at the time of the incident and has since been “wracked with guilt”.
The court in Margate was told Barbara Harden had been crossing Salisbury Avenue in Ramsgate on October 17 last year when Lowe reversed his BMW and hit her, breaking her shoulder in three places and fracturing her upper arm.
Lowe had been stuck in traffic at the time and was seen edging closer to the car in front of him, honking his horn as he became increasingly agitated.
Losing patience, he decided to reverse along the road but did not check his mirror, failing to see Mrs Harden as she crossed behind him.
His BMW knocked her to the ground, leaving her with multiple fractures.
Lowe, of Park Road, was later charged with causing serious injury by careless or inconsiderate driving and admitted the offence when he appeared at Margate Magistrates’ Court in June.
The hearing was adjourned for pre-sentence reports to be carried out, with Lowe returning to the same court on August 7 to learn his fate.
Julie Farbrace, prosecuting, told the bench a police officer had visited Mrs Harden after she returned home from hospital to put together a victim impact statement.
“She told the officer how low she was feeling and said she didn’t go out as often following the collision,” Mrs Farbrace said.
“The officer said she was isolated and a nervous wreck when he visited. She told him that if she did have to go out she had changed her usual routes so she avoided crossing any roads.
“She also said her mental health had suffered a dip after the death of her husband, but the accident had made her low again and she was not looking after herself.”
During a further visit in January, an officer found the house in darkness and the curtains pulled.
Efforts to talk to Mrs Harden were rejected, which was taken as a sign of the emotional turmoil she was suffering.
The prosecutor added: “It seems these are the long-lasting effects of the injury she now has to live with. It seems to have had a long-term effect on her.”
Mrs Farbrace said the offence just passed the threshold for careless driving.
“There was impatience at the scene - he was honking his horn and he reversed without looking,” she said.
Gemma Adams, mitigating, told the court Lowe had made full and frank admissions at the time of the collision and entered a guilty plea at the earliest opportunity.
Of the incident, she added: “He did a short check before reversing, but his headrest would have put her in his blind spot. He takes full responsibility.
“He has struggled to cope with this and he has been wracked with guilt and went to her assistance immediately.
“He wants to apologise to her - he was not in the right frame of mind [at the time] with his mental health.
“It was a momentary lapse of concentration.
“He is still struggling and ADHD has been suggested; he’s just waiting for the diagnosis.
“He’s been signed off [work] for the foreseeable future and is waiting for an operation on his knee. He’s on Universal Credit.”
The court was told that five months after the collision Lowe was caught drink-driving in Margate and was stripped of his licence for a year.
His solicitor said: “Apart from the drink-driving offence, he’s not been in court for 20 years, but he can be rehabilitated.
“He has ongoing alcohol and drug issues, and his mental health has deteriorated.”
A probation officer who interviewed Lowe confirmed he was struggling with his mental health and wanted help with his issues.
It was suggested a community order may be a suitable way to deal with his rehabilitation.
Magistrates told Lowe they felt the incident did pass the custody threshold as Mrs Harden had suffered significant injuries which had been life-changing for her.
As a result, they jailed him for 20 weeks but said they were prepared to suspend the sentence for a year if he completed a six-month drug rehabilitation requirement and attended 20 rehabilitation sessions with probation.
Lowe was also banned from driving for 18 months and ordered to pay a victim surcharge of £154 and £85 court costs.
The chairman of the bench warned him: “If you commit another offence you should expect to serve this custodial sentence.”
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KentOnline Court Reporter