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Road rage driver convicted for assault has his sentence overturned by an appeals judge (3 December 2012)

Date: 03/12/2012
Duncan Lewis, Legal News Solicitors, Road rage driver convicted for assault has his sentence overturned by an appeals judge

In a road rage incident where an irate male motorist had hit an 81 year old woman because she was travelling very slow and blocking his way, has been set free by an appeals judge.
Usman Yasin who was driving behind pensioner Patricia Pearson had become frustrated after pegged back by her slow driving he overtook her and blocked the road before smacking Mrs Pearson on her face leaving deep cuts on her head and face.
Initially the Magistrate at Burton upon Trent jailed him for 16 weeks last month but an appeal judge at the Stafford Crown Court has changed that sentence and ordered Yasin to do 150 hours or unpaid community work, banning him from driving for two weeks and pay Mrs Pearson £100 compensation. Father of two Yasin, 30, of Burton, was convicted of common assault.
The court heard how Yasin became increasingly frustrated as he travelled behind Mrs Pearson, maintaining that she had been driving at no more than five mph.
Motoring law solicitor for Mrs Pearson in the appeal hearing told the court that the defendant came up behind Mrs Pearson, there was a combination of loud revving and sounding of the horn, clearly impatience on behalf of the defendant.
Yasin had eventually overtaken her and stopped in front of Mrs Pearson’s car making her to brake. Then she got out of the car and went up to Yasin and exchanged words and she put her hand up to his face in a gentle push, but Yasin reacted by lashing out with his hand.
After the incident Mrs Pearson said that the incident had left her completely scared and vulnerable. She said even if she had put her hand to his face but it was only to stop him using the language he was using.
The motoring law solicitor added 'Overall, it was an ugly and unpleasant incident to which the appellant reacted with unnecessary force towards an elderly lady who was on her way to meet her husband in a care home when the incident happened.
But motoring law solicitor for Yasin, said he had just been to visit his mother who was in hospital with breast cancer.
He was clearly irritated at the slow driving and stopping and starting of the complainant. It was she who got out of her car but still his reaction was completely unjustified and caused her injury which he deeply regrets.
She said Yasin had never been in trouble before and this was wholly out of character. He was denigrated within his community and if he was sent to jail he would lose his job.
The recorder Mr Kevin Heargty QC said after having looked at the circumstances operating on Yasin’s mind at the time and the references from his friends and his hard working nature a community order was proper.
Yasin in an earlier hearing had told the magistrate that he was very remorseful of his act and that Mrs Pearson was of his grandma’s age and that he would not have done it only if he had taken a second to think and just driven away.

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