A RENTON drunk driver who mounted a pavement and mowed down a man who she had earlier called "a paedophile" has been spared jail.
Kelly Ann Brown ploughed into the victim as he was out walking his dog in Alexandria on February 20, 2021.
Brown eventually lost control of the Ford Focus before crashing into a lamp-post.
A judge heard how the man luckily escaped being seriously hurt.
Brown - a mum of five who had also taken drugs before the incident - has now been spared a jail sentence.
At the High Court in Edinburgh, defence advocate Lorenzo Alonzi told Lord Fairley that Brown had battled mental health problems and used drugs and alcohol as “coping mechanisms”.
She had earlier pleaded guilty to assaulting the victim to the danger of his life.
Passing sentence, Lord Fairley said he had taken into account Brown’s mental health and the fact that her victim escaped injury.
He said these circumstances allowed him to impose a non-custodial disposal on Brown.
Ordering her to perform 300 hours community service - the maximum available under the law - Lord Fairley said the fact that her victim avoided serious injury was down to” luck.”
Making reference to her lawyer’s request not to send her to jail, Lord Fairley said: “I am only just persuaded that this such a case.
“You will be sentenced to perform 300 hours of unpaid work. This reflects the seriousness of the offence.
"The discount is that I am not sending you to prison.”
Brown of Renton, had earlier appeared at the High Court in Glasgow. Sentence had been deferred for the court to obtain reports.
During those proceedings, the court heard how the victim had been visiting a relative, who knew Brown.
Brown was also at the flat that morning.
Prosecutor Chris McKenna said initially “everyone was getting on well”.
They later then discussed a previous police incident in the area.
Mr McKenna stated: “Brown’s demeanour soon changed and she became hostile towards [the victim].
“She verbally abused him and she accused him of being a paedophile.
“He was offended and made to unlock the front door and leave the flat.”
Brown then grabbed the keys and refused to hand them over.
The victim was only able to get out when he threatened to call the police. Before he left, Brown repeated her jibe.
He headed to the train station with his dog and was eventually walking on North Street, Alexandria.
Describing what then happened, Mr McKenna said: “A blue Ford Focus mounted the pavement, drove towards him and struck him from behind at 15.7mph. He was thrown onto the bonnet and then fell over onto the pavement.”
The collision was captured on CCTV, and the footage was played in court.
Brown continued driving, but eventually smashed into a pole near a doctor’s surgery.
She then called police herself that morning claiming she had “swerved” to avoid hitting an unknown man, who had jumped out in front of her.
Mr McKenna said: “Officers attended and observed extensive damage to the car.
“They observed Brown had glazed eyes and was slurring her words.”
Tests showed a reading of 78mg of alcohol per 100ml of blood – more than three times the legal limit.
Brown also had an excessive amount of a drug called benzoylecgonine – described as a “metabolite” of cocaine.
The court heard the victim suffered only minor bruising and did not need medical treatment.
Brown also pleaded guilty to a number of other charges including drink and drug driving.
On Friday, Mr Alonzi told Lord Fairley that the circumstances of the offences meant that his client could avoid being sent to jail.
He added: “She is having significant problems with her mental health.
“It all goes back to a very young age - she was around seven-years-old and she has been struggling all that time.”
Lord Fairley also ordered Brown to be supervised by the authorities for two years and ordered her to perform the community service within 12 months.
The judge also banned Brown from driving for four years, and said that if she didn’t comply with the terms of the order, she could be brought back to court and face the possibility of being sent to prison.
He added: “You have a number of issues in your life, including your mental health and your problems with the your use of drugs and alcohol as coping mechanisms.”
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