A speeding driver who lost control of his car and killed a man on a mobility scooter has been jailed for four years.
Hanzah Yusuf, 21, was driving back from a social event at a mosque in Wigan when he ploughed into 53-year-old Michael Smith.
Manchester Crown Court heard that he was ‘racing’ through the streets with his brother, Noormohammed Yusuf.
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A jury found Noormohammed Yusuf, who denied he was racing his brother, not guilty of causing the death of Mr Smith by dangerous driving and instead convicted him of dangerous driving.
Hanzah Yusuf pleaded guilty to causing death by dangerous driving.
Rob Hall, prosecuting, said the brothers left the Masjid Tooba Islamic Centre in Wigan at around 8.48pm, both in separate cars, on February 28 2019.
Noormohammed, 31, was driving a Volvo S40 while Hanzah was behind the wheel of a Vauxhall Zafira, with Noormohammed ahead of his brother.
It was dark, the roads were wet and the journey went through residential areas.
“Noormohammed Yusuf was in front and Hanzah Yusuf was behind, they drove away at an average speed of 53 miles per hour in a 30 mile limit zone,” Mr Hall said.
“They continued at speed as they entered a right hand bend, Hanzah Yusuf lost control due to his speed and perhaps he was affected by the front offside tyre tread being below the legal limit.
“It was enough to cause the Zafira to leave the carriageway, crossing the Morton Road junction which was being crossed by Mr Smith.”
Mr Smith suffered 'severe external and internal injuries' which proved fatal.
After hitting Mr Smith, Hanzah's car carried on into a front garden and smashed into a van and a house.
Police attended and arrested both brothers.
Noormohammed was found to be uninsured to drive the Volvo, and Hanzah was driving the Zafira that was registered to his brother who was responsible for the ‘defective tyre’.
In a victim personal statement read to the court, Mr Smith’s family said it was ‘difficult to imagine’ that he was no longer with them and that his death had affected friends and family across the country.
“He was our caring, gentle, friendly giant with the most huge heart of gold who would try to help anyone.”
Noormohammed Yusuf denied racing his brother during a trial at Manchester Crown Court.
The judge said the jury's verdicts had 'in effect' acquitted Noormohammed Yusuf of taking part in a race, but said there was 'a clear picture of him (Hanzah Yusuf) keeping up with his brother'.
Hanzah Yusuf was said to have no previous convictions and had been driving for around a year.
His brother had 12 years of driving experience, but was said to have been fined £400 in 2017 after driving through a red light and crashing into a car, and was handed seven points on his licence.
Mitigating on behalf of Hanzah Yusuf, his lawyer said his client was a different person than he was at the time of the offence, and the events changed his life ‘dramatically’.
He said he was an ‘innocent, blameless young man’ at the time, working towards a degree in engineering.
“This was a terrible thing that happened to the consequences of this young man.”
Addressing Hanzah Yusuf, Recorder Mary Loram QC said: “You were responsible for the death of Michael Smith.
“The evidence is clear from the witness, you were driving in convoy with your brother.
“She said her car was shaking as your car passed her and she thought you were racing.
“The jury did not find your brother was racing as he was in the car in front. I do not accept you doing that for any other reason than the thrill of it.
“However, I have read about you and I understand your remorse is genuine and I accept you will carry this with you for the rest of your life.”
Hanzah Yusuf, of Park Lane, was jailed for four years and disqualified from driving for five years and must take an extended retest.
Noormohammed Yusuf, also of Park Lane, was handed an 18 month community order, 200 hours unpaid work and was disqualified from driving for 18 months.
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