Government fails in bid to get sentence handed to Norfolk drink driver increased
68 year old Malcolm Waite was five times over the limit when he hit and killed 20-year-old Fenella Hawes last July
Last updated 25th Jan 2023
The government's failed in a bid to get a jail sentence handed to a drunk driver from Norfolk increased - after he hit and killed a 20 year old woman.
Malcolm Waite, 68, was given a total sentence of eight years at Norwich Crown Court in November after he swerved his Lexus car on to the pavement of the A149 Wayford Road at Stalham, killing 20-year-old Fenella Hawes on July 31.
One Norfolk Police officer described Waite, a retired engineer formerly of Meadow Drive, Hoveton, as "the drunkest person I have ever seen behind the wheel of a car".
The Solicitor General had taken the case to the Court of Appeal in an effort to get more time added to Waite's prison sentence.
The court heard on Wednesday that the case touched on the effect of the maximum sentence for causing death by dangerous driving increasing from 14 years to life through a law change in June.
But in Waite's case, he said Judge Alice Robinson was "well aware" of the law change and there was "nothing plainly wrong" in her sentencing.
Lord Justice Davis told a full courtroom that "nothing about the outcome" of the decisions "can begin to retrieve the appalling tragedy that has befallen both those associated with Fenella".
He added: "We fully appreciate that. We do our best to sentence by reference to guidelines and sentencing principles."
Waite, whose car was found to have a half-empty bottle of vodka inside, failed to stop after hitting Ms Hawes and a 16-year-old - who suffered cuts and bruising - walking along the road, Mr Tomlinson told the Court of Appeal in written submissions.
He continued for another 800 metres before veering off the road again, hitting a road sign and lamppost, before being found inside with glazed eyes and slurred speech.
Waite, who told hospital staff he had drunk "two bottles", later admitted causing death by dangerous driving, with his sentence including a disqualification for 11 years until an extended test was passed.
Ms Hawes' mother Margaret previously said in a statement that "her bright future was taken out in a few seconds because of someone who did not think or did not care" and that she "never had a chance to say goodbye".
For Waite's sentence he said the judge failed to give "sufficient weight" to aggravating factors including hitting two vulnerable road users and failing to stop.
Waite's lawyer, Andrew Campbell-Tiech KC, highlighted his "real remorse" and "substantial mental health deterioration" during a marital breakdown.
Lord Justice Davis gave brief reasons for the appeal judges' decision, with a more detailed written judgment expected on Thursday.