Telford drug-driver sentenced for perverting the course of justice
Hussain gave police the details for another member of his family
A Telford drug-driver has been sentenced for perverting the course of justice.
Mohammed Hussain, of Harvey Crescent, Arleston, appeared at Shrewsbury Crown Court after pleading guilty to one charge of perverting the course of justice, and another of drug driving.
The court heard that the 25-year-old had been stopped by police while driving a VW Passat in Telford on February 10 this year.
Kevin Jones, prosecuting, said that the officer believed they could smell cannabis from the vehicle.
Hussain was asked for his details and lied, providing the name, birth date, and address of a cousin.
He was taken to the police station where he was tested for drugs.
The court was told that after the sample had been sent away for analysis the results of the test showed Hussain was above the legal limit for cannabis.
Mr Jones said a postal summons was sent out, but went to the false name provided by Hussain.
The court heard that when he became aware of the fact, he then contacted police via solicitors to own up - on July 4.
In an interview with police following his arrest Hussain said that he had panicked.
The court was told that Hussain was a man of previous good character.
Douglas Jones, mitigating, said that changes in the guidelines for sentencing mean that jail terms of less than 12 months should be suspended - unless there are exceptional circumstances.
He said: “Here what you have is a very young man who panicked and made an entirely foolish decision to give the wrong name, but when matters come to a crux and his family member is summonsed, not arrested, he immediately made contact with his solicitors to own up.”
He added that the author of the pre-sentence report from the probation service referenced Hussain’s repeated expressions of remorse.
Mr Jones said Hussain has stable work in a family business selling cars, and is “highly unlikely to trouble the courts again”.
Sentencing Judge Anthony Lowe said that previously Hussain would have gone to prison - but changes to the law had changed the landscape on sentencing.
He said: “As I have already mentioned to your barrister Mr Douglas Jones, that even as little as a year ago anyone coming before the court with an offence of perverting the course of justice could expect an immediate custodial sentence - no matter how short that sentence would be it was always made with a custodial sentence and that was because the sort of offences that are committed - they can be much more serious - but they are when someone takes a speeding ticket for someone else, and gives a false name or address, it is just so easy to do and because it is easy people are very tempted to do it and it is one of the few areas I believe there are deterrent sentences that deter people from doing what you did.
“But, as I have also said, the climate in terms of what to do in terms of short sentences has fundamentally shifted and changed, and what the courts are being told is we do not send anyone to prison for short sentences unless there is absolutely no alternative.”
Judge Lowe said Hussain was “lucky to come before the courts at this stage”, but said he needed to understand how serious the offences was - saying it “strikes at the very foundation of the criminal justice system.”
Hussain was given a 12 month community order, as well as a curfew requirement - from 7pm to 6am.
He was also disqualified from driving for 12 months, fined £570, and ordered to pay £1,000 costs.