Stalham drink-driver sentence appeal rejected

Malcolm Waite's Lexus RX SUV mounted the pavement at speed, hitting two pedestrians, and he pleaded guilty to the charge

An appeal to increase the sentence of a drink-driver who mounted a pavement and killed a woman has been rejected.

Malcolm Waite, 68, was jailed for eight years in November, for causing the death by dangerous driving of Fenella Hawes, 20, in Stalham, Norfolk.

Solicitor General Michael Tomlinson said the judge had failed to take into account a law change which increased the maximum available sentence to life.

But Court of Appeal judges said "there was nothing" wrong with the sentence.

Fenella Hawes' mother Margaret previously said "her bright future was taken out in a few seconds"

Norwich Crown Court was told Waite, of Meadow Drive in Hoveton, was driving a Lexus RX SUV along Wayford Road, at about 16:30 BST on Sunday, 31 July when his car hit the pavement at speed.

As well as hitting Ms Hawes, he injured a 16-year-old girl, before driving on until he hit a road sign and trees a mile away, the court heard.

In his bid to get Waite's sentence increased, Mr Tomlinson told the Court of Appeal that the crown court judge, Alice Robinson, failed to give "sufficient weight" to aggravating factors including hitting two vulnerable road users and failing to stop.

The court heard Waite carried on driving and only stopped after hitting a road sign a mile away on the edge of The Broads national park

Lord Justice William Davis, sitting with Mr Justice Sweeting and Judge Heather Norton, said Judge Robinson was "well aware" of the law change and there was "nothing plainly wrong" in her sentencing.

He added "nothing about the outcome" of the decisions "can begin to retrieve the appalling tragedy that has befallen" those associated with Ms Hawes.

A more detailed written judgement is expected on Thursday.

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