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TOUGH TALKER: Sentencing frustration

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August 2012

The judge spoke out when sentencing Jason Young, 21, and Tyrell O'Donnell, 20, who stole a Fiat Stilo from a caravan park in Suffolk. During a high-speed police chase they crashed into another driver, Jackie Stretton, 25, who was left with life-changing injuries.

Young was sentenced to 16 months in prison for aggravated vehicle-taking and O'Donnell given 18 months because of a previous community order.

He said: "You will get out of prison and will get your life back but Jackie Stretton will never get over this, physically or mentally.

"It is absurd – if I just pass sentence and allow credit for your guilty pleas, because I have to – it will not be enough. It is awful. I am stuck with it because of what the law says, and I can't abide it.

"Jackie Stretton has suffered a very great deal and both defendants are in their twenties with appalling previous records.

"You deserve, both of you, to go to prison for a very long time and I greatly regret that I am restricted in what sentence I can give you because of what Parliament has decided.

"You say you are sorry and I hope that you are because the sentence I have passed is nothing like enough."

Sentencing Barry Smith, 31, a prolific burglar, to 12 months in prison. Smith escaped a four-year jail term when he plea-bargained with lawyers.

"I regard the sentence as verging on the absurd but my hands have been tied by decisions taken by the CPS with which I wholly disagree," he said at the trial's conclusion.

Sentencing Richard Heeps to four years and nine months in jail. He was found guilty of causing death by careless driving after crashing into and killing nine-year-old Michael Gibson.

Judge Hayward Smith QC said: "In my judgement this was not a case of momentary inattention – you were lucky to be charged only with causing death by careless driving."


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