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Driver who left man unconscious after hitting him with car avoids jail sentence

A DRIVER who left a man seriously injured and unconscious after driving towards him at speed in Lerwick has been spared a jail sentence today (Tuesday).

Harry Lavery, of Virkie, struck the victim with his Ford Puma with a force that threw him over the bonnet, windscreen and roof of the vehicle, the High Court in Edinburgh heard previously.

Lavery, 27, believed he had been targeted for verbal abuse by his victim during the incident at South Road on 27 August 2023.

The injured man was taken by ambulance to the Gilbert Bain Hospital in Lerwick where he was found to have sustained multiple bone fractures and head wounds in the collision.

Lavery admitted driving dangerously when the case called at the High Court last month, with his sentencing deferred for background reports.

Advocate depute Chris Jones said last month that though Tesco store worker Lavery did not intend to hit the victim, Lavery knew that the man had been drinking and was walking erratically in the road in Lerwick.

Lavery did not slow his vehicle appropriately and afterwards did not stop, but instead drove to his workplace.

He told work colleagues that someone had jumped on his car and that the man was standing in the road drunk and was being abusive to him.

Lavery “sincerely believed” that the man had been verbally abusive to him during an exchange between the two, the court heard.

The driver turned into a road, made a three point turn, and drove back onto South Road in the direction of his victim.

He shouted at the man and drove past him at speed before performing a 180 degree turn and returning towards him.

Lavery then struck him with such speed that he was sent over the windscreen and roof of the vehicle.

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“The force of the collision was so great that it inflicted multiple, serious injuries on the complainer and considerable damage to the accused’s car,” Jones said.

“The complainer’s head began to bleed heavily.”

A judge told Lavery today that he clearly understood now that he had “committed a very serious offence.”

Defence solicitor advocate Iain Paterson KC said Lavery has “severe autism” and obsessive, compulsive disorders.

He told the court that Lavery had reacted in a manner which had been affected by his autism.

Judge John Morris KC told Lavery: “It is accepted you did not deliberately set out to hurt the injured party.”

The judge said he was assessed as posing a low risk of reoffending.

As an alternative to jail, Judge Morris imposed a community payback order on Lavery with a three year supervision requirement and banned him from driving for 10 years.

By Edinburgh Courts Press Services

If you have been affected by crime, help is available. Whether you are victim, a witness, or the accused, you can find independent, impartial, and confidential support in Shetland.

For victims of general crime:

For anyone affected by crime & harm seeking a restorative approach:

For anyone affected by gender-based violence, including domestic abuse, coercive control, stalking, sexual assault, and rape:

Shetland Women’s Aid

Phone: 01595 692070
Web: https://www.shetlandwa.org
Email: office@shetlandwa.org

The Compass Centre (Shetland Rape Crisis)

Phone: 01595 744402 or 08088 010302
Web: https://www.compasscentre.org
Email: contact@compasscentre.org

For anyone affected by substance use:

Shetland Recovery Hub and Community Network

Phone: 01595 744402
Web: https://www.facebook.com/profile.php?id=100075791869200
Email: recoveryhub@shetland.gov.uk

Shetland Alcohol & Drug Partnership

Phone: 01595 743060 or 07342 077789
Web: https://shetlandadp.org.uk
Email: shet.sadp@nhs.scot

Substance Use Recovery Service

Phone: 01595 743006

 
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