A dangerous driver who ploughed into three schoolchildren was told: “Life is not an Xbox driving game.”

Provisional licence holder Nudiario Fernandessam had picked up two children from school in a borrowed BMW 1 Series when he was seen ‘throttling into a handbrake turn’ on Sandy Lane West on the afternoon of January 27, Oxford Crown Court heard.

He narrowly missed hitting a cyclist before driving off down the road. He swerved then span the car, which ended on the verge with its back end near the gates to the Oxford Academy.

During the spin, Fernandessam’s BMW struck a group of schoolchildren.

Three had to be taken to the hospital; one had a suspected broken leg, although it later transpired all the children suffered only minor injuries.

The defendant claimed that he had not pulled a handbrake turn deliberately but, instead, lost control of the powerful car.

Sentencing him on Friday afternoon, Recorder Joseph Hart said: “I choose to believe at 20, with no previous convictions and a quick acknowledgement of your guilt, that this will be your only time before these courts.

“You should be thoroughly ashamed of driving like that.

"Life is not an Xbox driving game and the consequences of your offending could have been catastrophic.

“Plainly put, you could have killed people.”

The court heard that, when police arrived on the road after the crash, a group of angry bystanders had surrounded the stricken BMW.

“Your actions must have terrified the schoolchildren and the parents that witnessed it,” the judge said.

He quoted the view of one witness, who said of the dangerous driver: “Frankly, he needs to grow up.”

“Given what I’ve seen on that dash cam footage, it’s tempting to agree with that view,” the judge added.

Explaining his decision to suspend the 12-month prison sentence for two years, Recorder Hart said: “I know from the letter that you have sent that you are profoundly remorseful. You’ve shamed yourself and your family.

“But there is, in the view of the author of the pre-sentence report, a realistic prospect of you being rehabilitated.

“I have to balance all of this against whether the only appropriate punishment is immediate imprisonment.”

In mitigation, Kellie Enever said her client was remorseful for his actions. He was a student and volunteered with the East Oxford Community Association and the East Timor community.

Fernandessam, of Wilcote Road, Oxford, pleaded guilty at an earlier hearing to dangerous driving, driving without a licence and insurance. He had no previous convictions.

As part of his suspended sentence he must do 200 hours of unpaid work and up to 10 rehabilitation activity requirement days.

He was banned from driving for three years and will have to pass an extended retest if he wants to drive legally.

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This story was written by Tom Seaward. He joined the team in 2021 as Oxfordshire's court and crime reporter.  

To get in touch with him email: Tom.Seaward@newsquest.co.uk

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