Whaley Thorns man 'deliberately' crashed his mother’s car during feud

A young man with ‘questionable thinking skills’ ‘deliberately’ crashed his mother’s car into a hire van while feuding with others, a court heard.

Tuesday, 12th October 2021, 11:30 am

Oak McPhail ploughed his mum’s Volkswagen Golf – taken without her permission – into the rear of the Ford Transit during a confrontation with other men.

Chesterfield Magistrates’ Court heard McPhail was already serving a driving ban at the time of the incident, on April 14.

Fatima Laher, prosecuting, said 23-year-old McPhail had two others – including his five-months-pregnant girlfriend – in the car at the time of the crash.

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Chesterfield Magistrates Court

During a police interview, McPhail made no comment about the background to the collision.

However, in court McPhail, of Mary Street, Whaley Thorns, admitted aggravated vehicle taking, driving while banned and without insurance, failing to report an accident and failing to stop after an accident.

Steve Brint, mitigating, said the events unfolded after a “chance meeting”.

The court heard McPhail bumped into the two males while they were helping someone move properties at the time.

Mr Brint said his client had been assaulted by them on ‘a number of occasions’ and decided to ‘warn them off’.

However, after realising they were carrying ‘metal objects’ McPhail drove into the back of the van while trying to escape.

Mr Brint said: “There’s no doubt McPhail has questionable thinking skills.”

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He said the majority of the defendant’s previous offending was connecting to motoring offences.

Sentencing, magistrates told McPhail: “I’m sure you realise these were very serious offences – you were fully aware you were disqualified.

“You took your mother’s car and put your pregnant girlfriend at risk – you deliberately drove into a vehicle with the intention of causing damage.

“The bench takes these matters very seriously and it crosses the custody threshold.”

However the magistrates stepped back from sending McPhail to custody.

Instead he was jailed for 16 weeks, suspended for 18 months and given an 18-month driving ban, a 10-week curfew and 25 rehabilitation activity days.

He was also ordered to pay £85 court costs and a £128 victim surcharge.

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