A motorist who left a man dying in the road after hitting him with a car has been sentenced to unpaid work.
Mohammed Rashid was driving at 41mph in a 30 limit prior to the incident on Stenhousemuir’s High Street shortly after midnight on March 11 2022.
James Risk stepped off the pavement and was struck and thrown into the air, suffering a catastrophic head injury on landing.
He had been on a night out with friends and family, drinking and playing bowls.
Rashid, 29, of Stephens Croft, Falkirk, went home to pick up his wife before returning to a spot around the corner from the incident site, where he was found by police.
At Stirling Sheriff Court, he pled guilty to causing death by driving carelessly and returned for sentencing this week.
‘Fight or flight’
Solicitor Simon Hutchison, defending, said Rashid was “devastated” by events.
He said: “Anything I say does not take from the tragic incident on the night in question and my client did not want me to but my job is to point out mitigating factors.
“The vehicle was completely legal and in good condition with no defects.”
He said the road layout was such that there was “very little opportunity for pedestrians to cross the road”.
Mr Hutchison said statements taken from Mr Risk’s friends and brother following the crash had acknowledged the driver had little time to react.
He said: “My client has been devastated and…I’ve never seen anyone so genuine in their remorse.
“He’s as devastated as the Risk family by what happened.”
On Rashid’s decision to drive off, he added: “He panicked.
“It was fight or flight but nothing he could have done would have helped the situation.
“He died almost instantly because of the way he fell after being hit by the vehicle.”
‘Extraordinary behaviour’
Sheriff Derek Hamilton ordered Rashid to carry out 300 hours of unpaid work and banned him from the roads for 27 months, then resit the extended driving test.
He said: “It cannot be said this tragedy occurred due to a momentary lapse.
“Your average speed was significantly over the speed limit.
“You said you saw drunk people walking on the pavement, yet you took no steps to lower your speed or to distance yourself from the potential danger that those pedestrians might pose.
“The circumstances were tragically straightforward and unfortunately all too common.”
On the decision to flee, he said: ”Your behaviour was, to my mind, quite extraordinary.
”You have driven home, collected your wife and despite significant damage to your vehicle, parked in a side street.”
He said the sentence did not reflect on the worth of Mr Risk’s life.
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