Banned driver's sentence cut

A GORING man who was jailed for driving while disqualified after colliding with a 72-year-old woman on his way to work has walked free from court this week after successfully appealing against his sentence.

Care worker Roger Shearsby, 41, of Brookbarn Way, got behind the wheel of his car half way through serving a six-month ban for speeding under the totting-up procedure.

He was picking up a colleague on his way to work on the seafront at Hove when he struck Phyllis Goodman who was taken to hospital with a broken leg.

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On October 2 Brighton magistrates jailed Shearsby for two months, banned him from driving for three years and ordered him to pay 300 compensation to MrsGoodman. He was given no separate penalty for having no insurance and careless driving.

But at Lewes Crown Court on Monday Judge Guy Anthony set Shearsby free after hearing he was a diabetic, his elderly parents and his partner relied on him for his support and he that he lost his job.

Richard Barton, prosecuting, told the court Shearsby was driving a Volvo car along 30mph Kingsway towards Brighton and Hove on a clear, dry and bright day at about 7.30am on July 20.

He said: "Also driving along that road was an off duty police officer. She noticed this defendant driving alone in his car and he was accelerating away from her. He was driving at about 40 to 45mph, she estimated.

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"Phyllis Goodman was on that road and was trying to cross from the north side, going towards the sea. As she crossed the road she walked in front of this defendant's car.

"He attempted to brake but it was too late and the car struck her. She went up in the air and hit the windscreen and landed on the road."

The court heard that Mrs Goodman broke her leg and suffered bruising and swelling. She was taken to hospital where she was kept in overnight for observation.

Mr Barton said: "The defendant decamped from the car and sat at the edge of the road saying, 'Why me, why me'. Other motorists stopped to seek assistance for Mrs Goodman.

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"Police attended and he admitted he was banned until October 24 for speeding. He said, 'I was only picking someone up for work'. I've been banned for three months or so'."

Guy Russell, defending, told the court: "He is very remorseful for what happened that day. His first two weeks in custody have had a devastating effect on him. He is a diabetic and his readings are even higher now. Some of them have been very hard to control.

"It would seem that two months for breach of driving while disqualified is too severe in my submission. The reason behind the disqualified driving is that Mr Shearsby's long-term partner had a headache and was unable to drive him that day. He panicked. The message has certainly got through to him. He has never been in prison before and his family have found it very hard."

Mr Russell said Shearsby had also lost his job with Southdown Housing Association but may be able to get back if he was released from prison immediately.

Judge Guy Anthony suspended Shearsby's sentence for two years and reduced his ban from driving from three years to two.

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