Is a two-year sentence for causing the death of a mother too lenient?
The public think so, judging by the outcry at the sentencing of an unlicensed BMW driver who struck and killed a mum-of-three in Dewsbury and who was jailed for two years by a judge at Leeds Crown Court.
Faizal Kadia, 21, caused the death of 54-year-old pedestrian Hamida Sidat when he lost control in wet conditions, driving a vehicle that had three tyres worn so smooth they were like Formula 1 racing car tyres.
After the crash he fled the scene, along with two passengers who received suspended sentences. Despite being unlicenced, the court heard Kadia continue to drive after the crash.
He eventually pleaded guilty to causing death by careless driving, causing death by driving while unlicensed, causing death by driving while uninsured and conspiracy to pervert the course of justice.
What do the public think of this sentence?
After the Examiner reported on the sentencing there was criticism that two years in prison was too soft a sentence.
On Facebook Michael Keech wrote: “Attorney General should look at this - two years, out in 6 months ...”
Colette Northern O’Hara added; “2 year jail term for taking someone’s life through reckless driving? Shame on our justice system.”
On examiner.co.uk Zebilko wrote: “Our justice system is totally unfit for this modern society and needs a total overhaul of sentencing. No person’s life is worth just two years.”
And john83t wrote: “There are harsher sentences dished out for thieving.”
Beckalicious added: “The fact that he continued to flout the law and drive illegally after he killed this poor lady should have been reflected in his sentence. As it stands he’ll be out in a year and will no doubt continue where he left off. The British legal system stinks.”
What does the law say?
The Sentencing Council says the maximum sentence, when tried on indictment (at Crown Court) is five years for causing death by careless or inconsiderate driving.
The maximum sentence for causing death by driving: unlicensed, disqualified or uninsured drivers, on indictment, is two years.
Conspiracy to pervert the course of justice carries can carry a sentence of imprisonment and/or a fine. However, Crown Prosecution Service (CPS) sentencing guidelines recommend a prison sentence for this crime of between four and 36 months.
Why was this sentence so low?
Despite initially lying to police about who was driving, Kadia eventually pleaded guilty to the offences he was charged with. He was sentenced to two years’ imprisonment and disqualified from driving for two years.
His guilty plea would be taken into account by the judge. A greater sentence may have been handed down than if he pleaded ‘not guilty’ and it went to trial.
Kadia’s barrister Nicholas De La Poer, in mitigation, said that his client, aged 21, was trying to better himself with driving lessons.
Judge Penelope Belcher described the case as a tragedy for all involved and said that the family’s comment that they do not hold anger towards the defendants was a fitting tribute to how their mother raised them and she would no doubt be proud of their dignified attitude.
