An uninsured driver who hit a district judge with his car seconds before being run over and killed by multiple vehicles has escaped jail.
Elliott Nash, 33, punched Judge Matthew Mawdsley, 54, as he tried to cross a busy highway to get to his hotel after a Christmas party with colleagues.
A court heard the impact knocked the father-of-three to the ground and moments later he was hit by several other vehicles on the Aston Expressway in Birmingham.
He was confirmed dead despite the efforts of doctors after suffering catastrophic injuries on December 16, 2022.
Mr Mawdsley had recently been appointed a district judge for the West Midlands after a career as a barrister and had attended a judge’s lunch earlier in the day.
Nash, who was working at a Christmas stall in the city centre, walked away from the scene but was later arrested by police.
Elliott Nash, 33, punched Judge Matthew Mawdsley (pictured), 54, as he tried to cross a busy dual carriageway to get to his hotel after a Christmas party with colleagues.
He previously admitted failing to stop after an accident and driving without insurance, and was sentenced to four months in prison, suspended for 12 months today (Friday).
Nash, of Willenhall, West Mids., also had six penalty points put on his license, was banned from the roads for six months and fined £500 at Birmingham Crown Court.
Sentencing, Judge Sarah Buckingham told Nash his actions had been “shameful and selfish”.
She said: “On December 16, 2022, the devastating consequences of Mr Mawdsley’s decision to attempt to cross the A38 cost him his life.
“You know you shouldn’t have been driving that night.
“You were uninsured and must have known that Mr Mawdsley had crossed the road, brushed against your car and almost immediately fell to the ground on this busy roadway.
“You did not stop and went straight home without telling your wife anything about the accident.”
The court heard that Mr Mawdsley, from Manchester, had just been appointed a district judge at Birmingham County Court by King Charles.
He had gone out to celebrate the district judges’ Christmas lunch earlier in the day and decided to stay in Birmingham due to the train strikes.
He continued to drink and attempted to cross the four-lane Aston Expressway just before 10 p.m.
Pictured is Elliott Nash outside Birmingham Crown Court after being spared prison.
Philip Bradley, prosecuting, said his decision to cross where he did may have been influenced by the fact he had been drinking and was disoriented.
He said: “After brushing against the defendant’s car, Mr Mawdsley was knocked over and as a result of this spin he fell to the ground on this busy roadway.”
Within seconds, he was struck by other vehicles and killed. A pathology report later indicated the cause of death was multiple injuries.
Nash later told officers he knew he had hit someone after seeing it happen either in his rear view or rearview mirror, but went home anyway.
Mr Bradley said: “He chose to drive straight home. Once there, he said nothing about the accident to his wife.
“The police went to his house around 3 a.m. When asked why he didn’t stop suddenly, he said he was in shock.
“And in another he said he didn’t think it was a serious incident warranting emergency services to attend.”
He was breathalyzed and his blood alcohol level was above the legal limit, but it could not be said whether he was at the time of the collision.
Nash had previously been charged with causing death while driving while uninsured, but the jury was unable to reach a verdict following a trial.
The Crown Prosecution Service decided not to seek a retrial and presented no further evidence.
Sharon Bailey, defending, said: “We have had the opportunity to view CCTV footage of what happened on several occasions.
“Nash didn’t have that opportunity. He had a split second or two to make a decision.
“He made a serious error of judgment and accepts it. He had to wait nine months to learn his fate.
“He faced a more serious charge that the prosecution did not pursue.”
In a tribute at the time, his family said: “We are heartbroken at the loss of our beloved Matt.
“He was a father of three, a husband, a son and a brother, as well as being a valued friend and respected colleague to many.
“He accomplished much during his long career as a lawyer, particularly his recent appointment as a district judge, but it was his warmth, humor, kindness and generosity that made him so appreciated.
“We will always love Matt and please ask that our privacy be respected as we grieve for him.”
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