A 'SELF-DESTRUCTIVE' dangerous driver who tried to set himself on fire after a drunken car crash has been spared jail.
Malcolm Smith, who has previously campaigned for better road safety, crashed into a car and a van in St John's in Worcester, ran a red light and drove on the wrong side of the road after necking five cans of lager.
The 61-year-old appeared at Worcester Crown Court on Thursday where he escaped going to prison.
The defendant, supported in court by his partner, was wearing a transparent burns mask and long gloves after setting himself on fire during a suicide attempt after the crash, suffering 45 per cent burns as a result.
Smith of Portefields Road, off Tolladine Road, Worcester, had already admitted dangerous driving, driving with excess alcohol and failing to stop following the episode of dangerous driving on March 14 last year.
Ironically, Smith previously raised concerns with the Worcester News about the safety of Bilford Road in the city following a crash near the tip.
James Dunstan, prosecuting, opened the case, describing how Smith was behind the wheel of his partner's Ford Cougar when he crashed into an Alfa Romeo in the city's Comer Road, causing extensive damage to the rear nearside of that car.
Smith drove away from the scene of the crash and was reported by another member of the public for driving through a red light. He was spotted again by members of a running club in a car park in Hylton Road at around 7.45pm.
"His car was clearly damaged and metal was sticking out" said Mr Dunstan.
Smith also reversed into a van in the car park. A nurse, concerned for his welfare, spoke to him and asked him to stop the car, telling him: "You should not be driving."
The nurse described Smith as having 'slurred speech' and she formed the opinion he was drunk.
Mr Dunstan described how Smith was observed by another driver coming towards him along Hylton Road in the damaged car on the wrong side of the carriageway and 'anticipated a collision'. This motorist said Smith's speed was 'not excessive but his position in the road certainly was dangerous'.
However, the defendant swerved to avoid him. Police were called and encountered Smith driving along Oldbury Road.
"Two officers saw the car on the wrong side of the road, driving on the kerb," said Mr Dunstan.
Officers described smoke coming out of the car and when they spoke to Smith his eyes were bloodshot as he 'declared he wanted to die'.
A blood alcohol test revealed 174mg of alcohol in 100ml of blood, more than twice the legal limit of 80mg. He told police he had drunk five cans of lager - three cans of Carling before he got behind the wheel and two more while he was driving.
He has previous convictions for being drunk and disorderly from 2011.
Judge James Burbidge QC, the Recorder of Worcester, sentenced with the assistance of a pre-sentence report and psychiatric report.
He referred to sentencing a man with such mental health problems as 'a real quandary' especially as a custodial sentence would cause 'more difficulties to his mental state' but that the court also needed 'to ensure the public is safe as well as the defendant'. Fergus Maxwell, defending, said the DVLA would not automatically allow Smith to have his provisional licence back at the end of his disqualification.
He added: "He doesn't have a vehicle so the the temptation (to drive) isn't there." Mr Maxwell also assured the judge that the defendant's partner did not allow alcohol in the house, describing Smith's use of alcohol as 'part of the self-destruction process'.
Judge Burbidge said: "There was no reason for you to be driving on the occasion, putting people and property in jeopardy."
However, he added: "You have significant mental health issues. You have tried to take your life on more than one occasion, dousing yourself in petrol and setting yourself alight late last year. You have suffered 45 per cent burns to your face and body."
He said Smith had been 'disparaging' about those trying to help him and added: "You seem to have a self-destruct button, to use the vernacular. You don't want to help yourself."
The judge sentenced him to eight months in prison suspended for 12 months. He also placed Smith on a four month electronically monitored curfew between 9pm and 6am.
Smith was banned from driving for two years and in any event will have to complete an extended driving retest if the DVLA allow him to have his provisional licence back.
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