A man who provided his cousin’s details when stopped by police for driving without due care and attention was told he was being ‘given a chance’ by the judge as he was handed a suspended sentence.
Hussain Banaras, 22, pleaded guilty on February 9 to intending to pervert the course of justice and three motoring offences, namely driving without due care and attention, driving without a licence, and driving without insurance.
Burnley Crown Court heard how on July 8, 2022, at around 8.45pm, police were performing a road safety operation in Colne Road, Reedley, and noticed a Toyota Yaris needlessly overtake another car in a 30mph zone.
Officers directed the car to stop and noted the driver was not wearing a seatbelt. He was informed he would be reported for driving without due care and attention and provided details of a Mohammed Hussain, born on January 28, 1996, living at an address in Brierfield.
On November 3 of the same year, officers were contacted to say Mohammed Hussain had written in to say he was not responsible for driving on that date.
Following enquiries, it was determined Mohammed Hussain was Banaras’ cousin and he had lied at the scene because he panicked, as he was aware he had no insurance and was driving under a provisional license.
Mitigating for Banaras, Kimberley Obrusik said Banaras had told police he knew he had been an “idiot” in giving his cousin’s name, who was the owner of the vehicle.
She continued by saying Banaras was the registered carer for his mother and also provided a level of care for his 16-year-old sister.
Ms Obrusik argued sending Banaras, of Mansfield Grove, Brierfield, to prison would have a “significant impact on both his mother and his sister.”
She added: “It’s clear he is remorseful for what he has done. He is not somebody who is going to trouble the court again.”
Sentencing, Recorder Daniel Prowse said: “I accept you committed this offence out of panic rather than malice. You are at low risk of reoffending. I accept your remorse as genuine.
“Your most significant mitigation is you are the registered carer for your mother. I read about the role you fulfil for her.
“You falsely identified a real and innocent person. You exposed your own cousin to the risk of prosecution.
“I’m giving you a chance to demonstrate you will not come back before these courts. If you prove me wrong, you will go to prison.”
Recorder Prowse handed Banaras a six month sentence suspended for 12 months, 20 rehabilitation activity requirement days, and 180 hours unpaid work for the perverting the course of justice offence.
A £500 fine and eight penalty points were also given for all the driving offences together.
The eight points took Banaras over the limit for provisional licences, leading to automatic disqualification from driving for six months.
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