Uninsured driver struck and killed discharged patient near St James's Hospital, Leeds Crown Court told

An uninsured driver who had been driving without a valid UK licence for many years struck and killed a man who had just been discharged from St James's Hospital, a court heard.

By Mark Lavery
Tuesday, 4th January 2022, 4:45 am
Updated Tuesday, 4th January 2022, 10:37 am

Dalsooz Hussain - who has numerous previous convictions for driving offences - was driving a hired silver Ford Tourneo minibus when he hit 44-year-old Colin Penman on Beckett Street in Burmantofts on May 28, Leeds Crown Court was told.

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Mr Penman had just left St James's Hospital and stumbled and fell on the road at around 12.30am.

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Colin Penman (pictured) died after he was hit by a Ford Tourneo driven by Dalsooz Hussain on Beckett Street. Photo: West Yorkshire Police.

A passing motorist and a police van had stopped at the scene.

A police officer had put the van's headlights on full beam and illuminated the blue lights to warn Hussain after seeing the Tourneo approach.

Hussain, 49, did not brake until after he had struck Mr Penman and later said he had been blinded by the full beam headlights and did not see Mr Penman in the road.

Hussain, of Seaforth Place, Harehills, was jailed for 14 months after he admitted causing death by driving while uninsured.

He had been charged with causing death by careless driving, but the prosecution offered no evidence on that charge and a not guilty verdict was recorded.

He was also banned from driving for two years.

A Kurdish interpreter relayed the proceedings to Hussain, who has previous convictions for driving with no insurance and without a licence.

David McGonigal, prosecuting, said Hussain had hired the Ford Tourneo from a rental company in London at 1pm on the day of the accident

Hussain's wife and six-year-old son were with him in the Tourneo when he set off from London to drive home to Leeds.

Mr McGonigal said: "The defendant did not have a valid UK driving licence. He was therefore not insured to drive."

Mr McGonigal said Colin Penman, who suffered from mental health problems, had been discharged from hospital and was walking away using a crutch.

Mr Penman had reached his bus stop just after 12.30am when a passing Toyota Yaris driver saw him appear to stumble into the road.

The Yaris driver saw Mr Penman in the carriageway and did a U-turn and spoke to Mr Penman to ask if he was OK.

The motorist parked on the opposite carriageway so he was able to speak to Mr Penman through the driver's side window.

A police van then pulled up behind the Yaris and flashed the van's headlights at the Yaris driver so he could park the van in front of the Yaris.

Meanwhile, Mr McGonigal said Hussain was driving within the 30mph speed limit along Beckett Street towards the police van.

Mr McGonigal said when Hussain was around 25 metres away from Mr Penman the police officer put the van's headlights on full beam and turned the blue lights on to warn him of the danger and the Yaris driver sounded the car's horn.

Mr McGonigal said: "The defendant was to tell police he became blinded by the full beam and distracted by the horn so didn't see Mr Penman lying in the carriageway.

"The car hit Mr Penman. The defendant then braked. Mr Penman was dragged under the Tourneo for a short distance."

Mr Penman suffered multiple head and neck injuries and was pronounced dead at the scene at 1.20am.

Hussain had been banned from driving for 12 months in November 2010 for driving with no insurance.

In May 2018 he was given six penalty points after being convicted of driving without a valid licence and insurance.

In November 2019 he was convicted of two charges of driving without a licence and one charge of no insurance.

In September 2021 he was convicted of driving without a licence in April 2021 and handed five points and a fine.

Imran Khan, mitigating, said: "He has a licence abroad. He is sorry for what happened.He was blinded and by his plea accepted that fact.

"He is very sorry for the death that has occured."

Jailing Hussain for 14 months, Judge Tom Bayliss QC told him: "You did not hold and have never held a valid UK driving licence.

"The consequence of that is you were not insured to drive the vehicle."

Judge Bayliss added; "You had been driving in the UK without a licence for many years.

"Despite all the previous appearances alerting you to the illegality of your driving you continued to drive, flagrantly in disregard to the laws of the UK."

Judge Bayliss said the maximum sentence for causing death by driving while uninsured is two years.

Hussain was banned from driving for two years.

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