Killian Smith was reaching near the double the speed limit when he crashed into Jawar Khan who was crossing Bradford Street,
The horrific crash happened on April 19, 2024 when Smith was behind the wheel of a BMW.
Smith, 34 of Newby Road, Breightment, was sentenced to 27 months imprisonment for causing serious injury by dangerous driving.
He was further sentenced to another 27 months for a separate incident of coercive and controlling behaviour that occurred later, to be served concurrently.
This involved Smith’s then-partner.
Also appearing alongside him was Jamie Mallen, who the court heard was speeding on the same road, although he did crash into anything or anyone.
Bolton Crown Court heard both men were driving at around 56/57mph in a 30mph zone.
Mallen, 29, of Tulip Avenue, Kearsley, who drove the red Ford which did not hit Mr Khan, was sentenced to nine-months in prison for driving dangerously, suspended for 18 months.
Addressing Smith, Recorder Andrew Long said: “The three-year sentence which should be the starting point is subject to reductions due to your guilty plea and other personal aggravating matters.”
Recorder Long was referring to the death of Smith’s mother, which the defendant had been out commemorating at the time of the collision, as well as an earlier incident in which his brother died by suicide.
Recorder Long then turned to Mallen: “You performed the same manoeuvre at the same time, and it is only by the grace of God that that you did not injure anybody else.”
Barrister Adam Brown, who prosecuted the case, explained that the cars were first seen by another driver on Bradford Street on the date in question.
The driver said that he saw the blue BMW pull up next to him while he was in traffic then speed off, followed by the red Ford, which did the same thing.
He then heard a loud bang, which he soon found out was the blue BMW – driven by Smith – hitting Mr Khan.
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Bolton Crown Court (Image: Anthony Moss)
Smith came to a complete standstill upon colliding with Mr Khan, and remained at the scene, making no attempt to flee, which Recorder Long said indicated genuine remorse.
The red Ford driven by Mallen continued on – he was later found to have a small amount of cannabis in his system, and was driving on a provisional licence.
Paramedics were called to the scene, and another witness saw a young woman shouting ‘it’s my dad, it’s my dad!’
This young woman was Mr Khan’s daughter Sophia, who witnessed her father being hit by Smith’s BMW.
Mr Brown read out a statement by Ms Khan: “My father was departing from mosque with his brother-in-law when he was hit by the car while crossing Bradford Street.
“Even though I had seen him after his stroke, I immediately knew this time was it was more serious.
“He was treated in hospital by medical professionals until December 4.
“He was found to have a traumatic brain injury due to the collision caused by his brain rotating in his head. We were told it is not likely to heal.
“From leaving the hospital to now his condition has only deteriorated.
“He was initially able to take his medication orally, but now it has to go in through a drip – he used to respond to us speaking to him, he now doesn’t.
“He used to have very healthy teeth, but his teeth are now black and crumbling due to the medication.
“He used to be very independent, now he relies on his wife and children and needs 24-hour care.
“My mother provides 90 per cent of the care, which is impacting her health – she is now confined to the house as much as my father is.”
Recorder Long also described the abuse that Smith subjected his then partner to, which led to her getting a restraining order against him for 10 years.
On one incident, he pushed her against a wall, injuring her head in the process, causing her to ring the police against him.
Smith’s defence barrister Richard Brigden explained that, at the time of the collision, Smith had been out for an event commemorating the death of his mother.
Mr Brigden brought up other mitigating circumstances which were affecting him at the time of the domestic violence, including finding the body of his brother.
His character since the arrest was also brought up as indicative of positive change.
The court heard how Smith acts as a mentor for young prisoners, and how he is undergoing therapy which has helped him understand his previous criminal actions.
Ms Tanya Elahi, the defence barrister for Mallen, spoke about the defendant’s issues with cannabis, for which she requested he undergo a cannabis awareness course.
Recorder Long gave Mallen a nine-month suspended sentence, less than ‘most judges’ would have given in a similar situation, he said.
He instructed Mallen to use his freedom ‘wisely’.
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