Judge’s anger at being ‘unable to protect public’ from serial drink-driver who is a ‘death in waiting’

Birmingham judge bemoans sentencing powers that leave him unable to impose a ‘sentence that is deserved’ in case of ‘deadly’ drink-driver

Source: The Telegraph

1 Dec 2015

A judge has criticised the criminal justice system after he admitted he had insufficient sentencing powers to protect the public from a “deadly” drink-driver.

Recorder Stephen Lowne said it was a “tragedy” he could not jail Abeer Hussain, 29, for more than 27 months and described his case as a “death in waiting”.

Birmingham Crown Court heard the motorist had three previous convictions for drink-driving when he was charged in May this year.

But while awaiting sentence for those offences, he was arrested drunk behind the wheel again in November.

Hussain, from Winson Green, Birmingham, was previously jailed for 16 weeks by magistrates for drink-driving and driving while banned.

Jailing him for a further two years and three months, Recorder Lowne conceded he was unable to impose a sentence that the crimes warranted.

He said: “It is a tragedy I can’t protect the public by imposing a sentence that is deserved because of the maximum limit for offences of dangerous driving.

“I have no hope whatsoever that you will reform, that once released you won’t get drunk and get behind the wheel of a car. You are a death in waiting. You have no concern for other road users, no concern for public safety.

“You are arrogant, as many who drink drive are, thinking only about yourself, putting yourself behind the wheel which in the hands of someone like you is a lethal and deadly weapon.

“You are deadly, there’s no other word for it. This is an overwhelming case.”