A DANGEROUS driver from Leeds who killed one young son and left a second with life-changing injuries has been spared jail by a judge who said he had suffered the ultimate penalty.
Alin Mosa, seven, was killed when his family’s grey Kia Soul collided head-on with a DAF lorry on the way home from a holiday last August.
His father Abdul Mosa, 43, of Headingley, was driving on the wrong side of the road after pulling out of the Channel Tunnel on his return from France.
The crash on the A20 at Hythe, Kent also left his six year-old son Ara with life-changing injuries.
His wife Huzan and daughter Arda were seriously hurt and the lorry driver was left with career-threatening injuries.
Mosa escaped with minor injuries thanks to his airbag and sobbed loudly as a court heard how he cradled his dying son in his arms.
Canterbury Crown Court was told that two of his children were not wearing seat belts and Mosa ignored warnings from other motorists.
Mosa admitted five charges of causing death and serious injury by dangerous driving and was facing a prison sentence as a deterrent.
Judge James O’Mahony imposed a two year prison sentence suspended for two years and banned Mosa from driving for three years.
Judge O’Mahony said: “I do not know a greater deterrent for this defendant to know his mistake ended up with the killing of his own child.”
After the sentencing hearing, Charlotte Foster, a serious injury lawyer from Irwin Mitchell representing the Mosa family, said on their behalf: “This past year has been terrible for the family and this life-changing accident has had an absolutely devastating impact on them.
“Their main focus now is to ensure that their two seriously injured children have the help they need to begin to rebuild their lives.
“We will continue to support them as they come to terms with this tragedy, as well as working to provide their children with access to the best possible treatment and rehabilitation to assist with their recovery.”
The court heard that Mosa was now “the glue” holding together his “fragile family”.
Judge O’Mahony added that despite the aggravating features, jailing him would probably result in his children being taken into care because his wife was unable to cope.
He said: “That would further punish the victims of these offences.”
The judge said: “It is an appalling conundrum for me to deal with.
“On the one hand, the most efficacious way is not to punish the children and to ensure they do not get taken into care.
“Another side is the public interest in the application of proper penalties and punishments in order to deter and make sure people will not drive on the wrong side of the road, knowing if they do they face a substantial prison sentence.”
Prosecutor Stephen Shay said Mosa had just exited the Eurotunnel and had travelled at least 200 yards in the right-hand lane - ignoring clear signs posted along the route.
Mr Shay said: “It would seem that he simply forgot and was driving in European conditions. This was a mistake, a brief mistake with appalling consequences.”
Mosa later told police he thought he was on a one way road - but the prosecution added the clear road markings made that unlikely.
Lorry driver Anthony Brown spent eight days in hospital after suffering a series of fractures to his right arm.
Part of the Kia’s roof rack went through his windscreen leaving Mr Brown with a disability to one of his fingers.
Andrew Nuttall, defending, said Mosa’s son Ara will now “never lead a normal life” because of his injuries.
He said: “This is an appalling case which arose out of a simple mistake.
“This defendant started his punishment the moment his son died in his arms and he realised the enormity of his mistake.
“The harsh reality is that this defendant is going to be punished every minute of the rest of his life.
“He has to live with the consequences of his mistake...there can be no greater punishment in this world than that.”
Mosa was also made subject to a tagged curfew for six months and not allowed to leave his home unless it is to visit his child.