A motorist with cannabis in his system failed to see an approaching motorcyclist as he began a right-turn at a junction in his car, a court was told.
It resulted in a collision between Adams Thorpe’s Hyundai i10 and the oncoming motorcycle, throwing the rider onto the road, on the A177 at Sedgefield, at 5.30pm on September 14, last year.
Durham Crown Court heard that based on dash cam footage from another vehicle and eyewitness testimony, all the other motorists in the line of traffic waiting to turn right appeared to be aware of the approaching motorcycle, on what was a 60mph-limit road.
Thorpe, 32, of East End, Sedgefield, admitted a charge of causing serious injury by dangerous driving at a hearing in September this year.
Ian Mullarkey, prosecuting, told the sentencing hearing that the road conditions were fine and dry, and there was no low sun to potentially affect the vision of any motorists at the scene.
“We say it was a dangerous manoeuvre as he (Thorpe) should have seen him (the motorcyclist) and the risk of getting it wrong was dangerously elevated.
“The dangerousness is also elevated due to the vulnerabilities of a motorcyclist as a road user.
“It’s simply the dangerousness of the manoeuvre, pulling across without taking adequate and sufficient checks.”
Thorpe, who remained at the scene, gave a positive test result for the presence of cannabis in his system, which was 2.7mg in a blood sample compared to the legal limit of 2mg.
Mr Mullarkey said the defendant told police he had last taken cannabis the previous day.
He said the prosecution was unable to suggest he had taken cannabis at any time other than when the defendant stated.
Mr Mullarkey said the 51-year-old motorcyclist, who had been on his way home from work, was taken to James Cook University Hospital in Middlesbrough, initially with what were thought to be potentially life-threatening injuries.
These included a combination of bleeding to the brain, a punctured lung and fractures to nine ribs, his wrist and collar bone, for which he underwent surgery.
He spent more than two weeks in hospital, the first ten days of which were in the major trauma ward.
In his victim statement, read to the court, he said he had no recollection of the collision, the long-term effects of which he is still suffering, limiting the physical capabilities of the previously active man.
Judge Jo Kidd said she had read psychiatric and Probation Service reports on Thorpe, plus a reference presented to the court on his behalf.
“I have read of the steps he has taken since this offence to reflect significantly upon his behaviour, specifically on his drug use.
“He’s keen to pay back everything he can to the community through his work with the charity Human Kind.”
Chris Baker, for Thorpe, said the main thrust of his mitigation was to try to persuade the judge to pass a suspended prison sentence.
He said the defendant has been performing voluntary work and there is no reason why he could not carry out unpaid work as a means of pay back to the community.
Judge Kidd said she was able to lower the sentence to a length which could be suspended.
Passing a 24-month sentence, she suspended it for 24 months, during which the defendant must perform 200 hours’ unpaid work.
He will also be subject of an electronically-monitored four-month home curfew, between the hours of 7pm and 7am.
Thorpe was disqualified from driving for the next two years and was told he must undergo an extended re-test to enable him to lawfully drive in future.
Mr Baker told the judge, however, that the defendant does not intend to drive again.
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Judge Kidd told Thorpe: “I’m satisfied that you are deeply remorseful for your behaviour that day.
“Had there been any evidence that the amount of cannabis in your system played a significant part in your decision to pull out in that position, into the path of the victim, you would be going to prison."
She added: “I haven’t found that to be the case.”
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