Killer Driver gets 8 Weeks

[Gypsy-Rhiannon]

I think this is awful....



The parents of a 12-year-old boy who was knocked down and killed by an illegal immigrant called for a change in the law yesterday after seeing him jailed for eight weeks.



Aaron Chisango, who has been refused permission to stay in Britain four times, had drunk one litre of whisky a few hours before hitting Jamie Mason. He did not have a driving license and was driving an uninsured car.

Because of time spent on remand, he will be freed in a few days but still cannot be deported because he has applied for a judicial review into his immigration refusal.

Yesterday Jamie’s parents joined calls for the introduction of a mandatory minimum prison sentence for any driver who kills, regardless of the circumstances.

His mother, Hayley, and stepfather Steve Leighton, said they were “absolutely devastated” that Chisango, 27, could not be charged with causing the youngster’s death because the prosecution could not prove he was driving carelessly or dangerously, despite him being one and half times the drink-drive limit.

And they were critical of the immigration authorities for failing to deport Chisango, a qualified nurse and Zambian national, who has been denied British citizenship four times during seven years living in England.

Mr Leighton, 44, a service engineer, said: “Any driver that unlawfully drives a vehicle should be fully responsible for any consequences of him driving.

“Chisango should never have been in the country, never mind in that car. We are simple people, and we believe he caused Jamie’s death by his actions through his driving.

“If he had not got in that car, Jamie would have been alive today.”

They have gathered hundreds of signatures on a petition to present to the Prime MinIster calling for tougher penalties for similar incidents.

Mrs Leighton, 42, added: “The asylum system is shambolic because the Government seems determined to protect the rights of immigrants over us that live here.”

Jamie’s sister, Tracey, 31, who watched as he was run down, said: “Jamie was such a happy and polite boy, everybody loved him wherever he went. Everyone who ever met him is absolutely horrified by what happened.”

Wolverhampton magistrates’ court heard that Chisango, who was studying at the University of Central England in Birmingham, had been staying with friends in Wolverhampton and drunk almost a litre of whisky the night before the tragedy on January 8.

He was on his way to buy a camera at 11.50am the following day driving a Rover 620 when he hit Jamie, who had been crossing the road near to Miss Mason’s home in Long Knowle Lane. He died in hospital a short time later.

A breath test showed Chisango was one and a half times over the legal limit and he was charged with causing Jamie’s death. However, because he was travelling slightly over the 30mph speed limit - the court heard a maximum of 39mph - the Crown Prosecution Service dropped a charge of death by careless driving through lack of evidence.

Chisango, who lives with his sister in Telford, Shrops, pleaded guilty to driving with excess alcohol, driving without a licence or insurance. It is understood that Chisango arrived on a visa and after it ran out failed three subsequent appeals to stay.



http://www.telegraph.co.uk/news/main...02/ixhome.html

http://www.thesun.co.uk/article/0,,2-2005100149,00.html

[Gypsy-Rhiannon]

BTW... I see absolutely nothing has changed since my 17 year old cousin was killed by a drunk hit and run driver in 1985. From what I remember he was banned from driving for 2 years and received a £200 fine. He wasn't even jailed

[sara1998]

He'd be put away for a few years if he was in America. That is awful....

[strandinthewind]

Originally Posted by sara1998

He'd be put away for a few years if he was in America. That is awful....

He certainly would in some states - each state's law is different to wit:

http://www3.madd.org/laws/law.cfm?LawID=VEHH

[paleshadow]

Originally Posted by sara1998

He'd be put away for a few years if he was in America. That is awful....

Unless he was a celbrity.
It reminds me of Matthew Broderick in Ireland in 1988. He killed 2 people, a mother and daughter, and only got a $175.00 fine, and no jail time at all.

Then there is Rebecca Gayheart (The Noxema girl, Urban Legends). She ran over a 9 year old boy, killing him, and only got community service.

[strandinthewind]

It really depends. If it was an accident, which Broderick's appears to have been - then usually there is no jail time and IMO there should not be as people have accidents in cars. I mean if you hit someone at an interesection and they sustain an injury like a broken arm, should you go to jail for battery? I do not think so and if you did have to go to jail, there would need to be many many more jails If you are drunk then it becomes a different story because intent to harm comes in the picture as opposed to a legitimate accident

Then there is the question of what is drunk. I think people can have one glass of wine or beer or cocktail and drive relatively unimpaired or not impaired at all, esp. if they eat something, etc. - the law pretty much supports me on this. I think the problem comes when people have more and choose to drive instead of taking a cab (which they should always take). I think then they have purposefully put themselves at risk of injuring another and should be punished accordingly. They made the choice

[DrummerDeanna]

Originally Posted by strandinthewind

It really depends. If it was an accident, which Broderick's appears to have been - then usually there is no jail time and IMO there should not be as people have accidents in cars. I mean if you hit someone at an interesection and they sustain an injury like a broken arm, should you go to jail for battery? I do not think so and if you did have to go to jail, there would need to be many many more jails If you are drunk then it becomes a different story because intent to harm comes in the picture as opposed to a legitimate accident

Then there is the question of what is drunk. I think people can have one glass of wine or beer or cocktail and drive relatively unimpaired or not impaired at all, esp. if they eat something, etc. - the law pretty much supports me on this. I think the problem comes when people have more and choose to drive instead of taking a cab (which they should always take). I think then they have purposefully put themselves at risk of injuring another and should be punished accordingly. They made the choice

Right. I think there is a BIG difference in someone being killed in a realy ACCIDENT - that the driver could not avoid - or someone who kills by driving drunk or horribly irresponsibly....

[tuigirl]

Goes to show what a crap legal system England has (how sad is this story for the family of the boy)..is it any wonder why these immigrants want to come here, if this man is still here after being refused citizanship 4 times, they can get in and stay in, as long as they don't get caught and yet, a Kiwi like me, has to apply for a piece of paper allowing me to stay, just 4 years and I'm probably more "British" than he is..I'm sure they make up the rules as they go along!

[amber]

I don't understand why they couldn't prove he was drunk, why there was lack of evidence. They knew his blood alcohol level.