10:13am Tuesday 18th November 2008
A DUDLEY taxi driver who attacked abusive passengers with a piece of metal, fracturing one man's skull and breaking another's cheekbone, has failed in an appeal against his potentially lifelong jail term.
Shamraz Hussain, 28, of Himley Road, Dudley, admitted two counts of unlawful wounding and two more of wounding with intent to cause grievous bodily harm at Wolverhampton Crown Court in July of last year.
The sentencing judge considered him such a risk to the public he passed a sentence of indefinite imprisonment for public protection.
At the Court of Appeal in London, his barrister, Dean Kershaw, challenged the sentence, but had his case rejected by three top judges.
Judge Elgan Edwards said that, even though he had been subjected to racist abuse, for which there was “no possible excuse”, an open-ended term was appropriate.
Two of Hussain's victims, Peter O'Toole and Darren Peters, were seriously injured after he attacked them with the piece of metal he found lying in the road when he stopped his cab in Dudley on the evening of February 26, 2006.
Mr O'Toole was hit at least three times and left unconscious, suffering from a fractured skull, bruised brain and needing six months off work.
Mr Peters required two plates to be inserted into his fractured cheek bone and was absent from work for three months following the attack.
Two others were less seriously injured, but suffered wounds to the backs of their heads, caused by Hussain's furious blows.
He admitted the offences on the basis that he had been subjected to “disgraceful and foul” racist language and had hit the four passengers with the weapon he found lying by his car.
Rejecting his arguments against the indefinite sentence, Judge Edwards, described the offences as “extremely serious”.
He said:”The learned sentencing judge found that there was a significant risk that he would commit further specified offences.
“It is right to say he has only one previous conviction for affray, but also, having regard to all the circumstances of this case, we take the view that the learned judge was perfectly correct in his assessment of the situation.”
Hussain will serve a minimum of two-and-a-half years in prison before being allowed to apply for release and will only then be released if he can convince the Parole Board he is safe.
© Copyright 2001-2010 Newsquest Media Group
http://www.dudleynews.co.uk