A judge called for tougher laws governing illegal motorists after being forced to reduce the sentence of an uninsured illegal immigrant who ran over a nine-year-old boy.
Judge Anthony Thorpe said the public was incredulous at the maximum six-month sentence imposed on Algerian Kamel Kadri, whose car collided with Callum "CJ" Oakford on New Year's Day. Due to a technicality, Judge Thorpe had to cut Kadri's sentence from eight months to six - the maximum sentence for summary motoring offences.
A week ago, Kadri was sentenced by Judge Thorpe at Chichester Crown Court to a total of two years in jail, made up of eight months for failing to stop after an accident, driving with no insurance, licence and MoT and 16 months for using a false passport.
The following day, the Crown Prosecution Service said the judge had exceeded his sentencing powers on the motoring offences and Kadri's sentence would have to be cut.
Yesterday, it was reduced to a total of 22 months.
Kadri had admitted failing to stop after an accident and failing to report an accident.
He left CJ dying at the side of the road. The boy had been trying to cross the busy dual carriageway with friends.
Other drivers, who slowed to let the group across, saw Kadri overtake them at speed, saying he appeared to be breaking the 50mph limit.
Kadri, whose application for asylum was rejected in 2002, fled the scene and later abandoned his badly-damaged Renault 5. He lied to police about his movements but later admitted driving the car. He was arrested for causing death by dangerous driving but the CPS later said, to the anger of CJ's distraught family, there was not enough evidence to prosecute him.
Judge Thorpe told the court yesterday a legal technicality meant Kadri could only be jailed for a mere six months.
The judge said he could have passed a longer sentence if failing to stop after an accident was reclassified by Parliament as a triable offence.
He called for new laws giving crown court judges more power to sentence drivers who failed to stop after accidents to longer jail terms.
He said: "As the law stands, the results of your driving are in effect being ignored by a court. My hands are tied.
"The maximum penalty allowed by Parliament for failing to stop after an accident is six months, which clearly strikes the public as inadequate, particularly in a case such as this where the accident causes the death of a young child.
"I have no doubt the Home Secretary will have been made aware of the anguish of this family and their sense the criminal justice system has failed them."
CJ, of May Close, Worthing, was mowed down as he crossed the A259 at Ferring with his brother Sam, 12.
His sister Kathryn Proudfoot, 22, of Worthing, said her family were appalled by the short jail sentence and were campaigning towards tougher penalties for hit-and-run drivers.
She said: "We are more determined than ever to create a law to protect others."
Kadri's 16-month sentence for having a fake passport with intent was not altered by yesterday's hearing.
He did not have a driving licence, MoT certificate or insurance at the time of the accident but received no further penalty for these offences.
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