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Daily Stormer
July 1, 2014
Stealing your wife’s car, then crashing it into a White man and driving it away with a cracked windscreen and punctured tyres, is apparently ‘not dangerous in the legal sense of the word.’
A killer hit-and-run driver who mowed down a dad-of-four as he crossed a Birmingham road has had his sentence slashed – after a judge ruled his driving was NOT dangerous.
Uninsured Majid Bashir, 39, drove off with a shattered windscreen and punctured tyre after hitting Stephen Chappell, 49, on Bordesley Green Road.
The HGV driver, from Great Barr, suffered serious head injuries in the hit and run and died days after the collision last January.
Bashir, of Sparkbrook, was jailed for four years and nine months at Birmingham Crown Court in February after admitting causing death while uninsured, aggravated vehicle taking and dangerous driving.
But his sentence has now been cut by one year after London’s Criminal Appeal Court ruled the original term was too long, with one judge stating: ‘‘His driving wasn’t dangerous in the legal sense of the word.’’
The court heard Bashir – who had no driving licence or insurance – took his wife’s Nissan Micra out for a drive on January 30 last year, without her knowledge.
As he drove along Bordesley Green Road, travelling slightly above the 30mph speed limit, he struck Mr Chappell who was crossing the road to return to his parked-up lorry.
After hitting the victim, Bashir continued driving the car, despite the windscreen being severely cracked and with one of his tyres punctured.
He then abandoned the car but, two weeks later, he callously called his wife’s insurers in a bid to claim for the damage.
The court heard Bashir had previous convictions, including offences of making threats to kill, for which he had served three-and-a-half years in 2000.
But his lawyers argued that his jail term was excessive at the Appeal Court hearing, saying the crown court judge didn’t take enough account of his personal circumstances, including the needs of his four children.
They also said his driving was not ‘dangerous’ when he hit Mr Chappell – only afterwards when he continued driving the damaged car.
Alllowing the appeal, Judge William Davis QC said the original crown court judge was in ‘enormous difficulty’, as he had to reflect the huge tragedy of the death but also the relatively low culpabilty of Bashir.
Sitting with Lady Justice Rafferty and Mrs Justice Elisabeth Laing, he added: “This was a case involving the needless death of a hard-working father and soon-to-be grandfather – a hugely well thought of man who was greatly respected in his community.
“But the sentencing court had to have regard to Bashir’s culpability; his driving wasn’t dangerous in the legal sense of the word.
“In those circumstances, we have concluded that the proper sentence would have been one of three years and eight months.
“We do not pass from this case without expressing our condolences to the family of Mr Chappell for the awful loss they have suffered.’’
After the original court case, Mr Chappell’s family slammed the sentence and claimed they had faced threats and intimidation during the court case.
Donna Humphries, one of his daughters, said: “We are pleased with the sentence although it is nowhere near what it should be.
“Every court hearing we have had to come to we have had some kind of intimidation or threats from his family and friends. There is no respect there, no moral fibre.”
