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A DUDLEY postman who killed a 47-year-old Halesowen father when he "dozed off" behind the wheel of his car has kept his freedom.
David Hinton was thrown into the air just seconds after putting his young son Christopher into a baby seat in the back of his parked Peugeot.
Mr Hinton had been out with his wife Nadine and another of their children looking at a playhouse for the family when he was tragically hit by Sajid Hussain.
The 36-year-old had just finished an early shift at Wolverhampton Post Office and he was fasting because of Ramadam but the only explanation for the accident, a court heard, was that he fell asleep.
Judge James Burbidge QC told Hussain who wept in the dock that he had caused "immeasurable" harm to the Hinton family.
He said Mr Hinton had been described as a loving, devoted and fantastic husband and father and the momentary inattention by Hussain had resulted in "catastrophic consequences."
The judge said it was his view that Hussain of Blackacre Road had fallen asleep and he hit Mr Hinton as he was ensuring his small son was safely in his car.
The force of the collision sent the Peugeot across to the other side of Oakham Road, Mr Hinton suffered multiple injuries and his life support machine was switched off the following day.
Mrs Hinton, said the Judge, had to make the "agonising" decision to turn off the machine after mercifully, she and her two children in the Peugeot escaped serious injury.
Hussain pleaded guilty to causing death by careless driving and he was given an 8 month jail term suspended for two years.
He was further disqualified from driving for three years and ordered to carry out 200 hours unpaid work in the community.
Miss Samantha Powis defending said Hussain, a man of previous exemplary character, had not driven since the incident.
"There are no words of regret or apology he can utter to this family for their loss," she added.
"He has accepted what he did and the terrible, terrible loss it has caused."
Miss Powis said: "We don't really know what happened. He does not remember feeling tired or that he was not fit and well enough to drive. He is absolutely horrified at what he has done and the grief he has caused."
Mr Simon Ward prosecuting said doctor's could not save Mr Hinton, who had five children with his wife, while she had three more from a previous relationship.
When interviewed after the collision, he told Wolverhampton Crown Court, Hussain said he might have blacked out.
"The only conclusion the prosecution have come to is that he dozed off," said Mr Ward.
In a victim impact statement Mrs Nadine Hinton of Bath Meadow, Halesowen said the family had been devastated by the tragedy.
She said the children had found it difficult to cope with the loss of their father and they had found it hard to sleep.
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Dudley postman keeps freedom after falling asleep and killing Halesowen dad of eight
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TrueBlueTerrier
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Dudley postman keeps freedom after falling asleep and killing Halesowen dad of eight
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borgpicard
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Dudley postman keeps freedom after falling asleep and killing Halesowen dad of eight
Wer'nt questions asked about Why he was tired ?, the fact that we are being overworked.
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Lounge Lizard
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Dudley postman keeps freedom after falling asleep and killing Halesowen dad of eight
Tiredness and "fasting because of Ramadam" can be a fatal combination.borgpicard wrote:Wer'nt questions asked about Why he was tired ?, the fact that we are being overworked.