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Swain's Lane crash: Judge jails BMW driver for 20 months after 'terrifying moment' left cyclist seriously injured

PUBLISHED: 16:28 02 July 2019 | UPDATED: 09:25 03 July 2019

The scene of the hit-and-run in Swain's Lane, near the Highgate Road junction.

The scene of the hit-and-run in Swain's Lane, near the Highgate Road junction.

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A Crouch Hill man has been jailed for 20 months over the shocking hit and run crash in Swain's Lane on Easter Sunday this year which left student cyclist Josh Dey in intensive care.

BMW driver Sean Fagan, 29, will serve at least half of his sentence behind bars after Judge John Hillen sentenced him at Blackfriars Crown Court this afternoon.

This newspaper published CCTV footage of the incident, which saw Fagan lose control of his car and swerve onto the wrong side of the road before colliding with Josh, who suffered a number of serious injuries.

The victim, 21, has now been forced to retake the fourth year of his medical degree as a consequence of the incident, which left him with a broken nose, a number of bleeds in his brain and injuries to his hand and knee.

Fagan had been in a pub, though he claimed to have only drunk one pint of beer, and to have been distracted by his "worse for wear" passenger.

Josh Dey after Sean Fagan was jailed for knocking him from his bike in Swain's Lane, Highgate. Picture: Sam VolpeJosh Dey after Sean Fagan was jailed for knocking him from his bike in Swain's Lane, Highgate. Picture: Sam Volpe

Passing sentence, Judge Hillen said: "It's not known how much you had drunk and it may well be that it was your passenger who was worse for wear and you were taking him home.

"You lost control. Watching the CCTV it is clear your driving became very dangerous.

"As you approached that mini-roundabout, around which Mr Dey was riding on his bicycle, you swerved, you went on the other side of the road and you hit him head on.

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"From the CCTV this would have been a terrifying moment for anyone in that position.

"One might have expected any decent normal human being to have stopped at this point.

"Whatever your reason, you in fact did not do so."

Judge Hillen added that Fagan had "damaged [Josh's] bicycle beyond repair, left him injured in the road."

Josh Dey suffered a number serious injuries when knocked off his bike. Picture: Josh DeyJosh Dey suffered a number serious injuries when knocked off his bike. Picture: Josh Dey

"You left him unconscious in the road whilst you drove away. That's a very very serious aggravating factor in this case."

In mitigation, defence barrister Ms Ciara McElvogue said Fagan accepted the severity of his actions and was "truly remorseful".

She told the court: "He acknowledges fully what he has done to Mr Dey." She said he was "truly remorseful".

Former LaSWAP sixth form student Josh said he was pleased with the result and told this newspaper he would now "hopefully move on".

Judge Hillen also confiscated Mr Fagan's black BMW convertible and banned him from driving for 34 months.

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