7:00pm Monday 12th January 2009
By Julie Magee
A speeding motorcyclist who “ruined” a Poole pedestrian’s life has escaped being sent to prison because of the injuries he suffered in the crash.
Bournemouth Crown court heard how father-of-five James Cochrane had never passed a driving licence or even read the Highway Code before he collided with Brian Nesbitt on December 14, 2007.
Eyewitnesses estimated that he had been travelling at about 70 mph.
The bike 35-year-old Cochrane was riding along Herbert Avenue, acquired just three days earlier, wasn’t insured and had a bald tyre.
Cochrane from Cranborne Crescent, Poole, admitted dangerous driving, having no licence or insurance and a defective tyre.
Prosecutor Robert Pawson said 58-year-old Mr Nesbitt had been crossing the road to his home when he had been struck by Cochrane.
“He looked both ways and could not see anything. After that he remembers nothing,” he said.
Mr Nesbitt suffered a broken leg, fractured wrist, head injury and lacerations to his liver and spleen. He spent 33 days in hospital and needed multiple blood transfusions.
The court heard how Cochrane had “lied consistently after the crash to avoid any blame”. During a police interview, he insisted: “I tried to give way to that pedestrian.”
Mr Pawson added that Cochrane had suffered serious injuries but been “the author of his own misfortune”.
In a statement. ground worker Mr Nesbitt said: “The event has ruined my life and changed it forever.
“It has affected my family in many ways – I feel useless and have financial problems. I may never work again.”
In Cochrane’s defence, Robert Griffiths said: “He does not have a cavalier attitude to road safety; if he could turn the clock back he would. He apologises to Mr Nesbitt.”
Mr Griffiths added that his client, who came to court in a wheelchair, could not walk without crutches and needed “almost full-time care”.
He added: “He gave himself a life sentence; every day he has to live with the pain of a very nasty ankle injury. Custody would cause him considerable difficulties.
“He will have to be cared for by the prison authorities at public expense.”
Imposing a nine-month prison sentence, suspended for two years, Judge Samuel Wiggs told Cochrane: “Mr Nesbitt has had his life devastated.
“The offence really deserves imprisonment, had it not been for your own injuries. I have very little sympathy because you brought them on yourself.
“It would be difficult and expensive for the public to look after you in prison; that is the only reason I imposed a suspended sentence order.”
Cochrane will be supervised for two years and must take part in the Think First programme. He was banned from driving for three years and must pass an extended test before going back on the road.
After the case Sgt Steve Quill of Dorset police’s traffic department said: “Mr Cochrane, a prolific offender, seriously injured a pedestrian and committed a catalogue of motoring offences. It is pleasing that he has been successfully prosecuted.”
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