Courts are told to stop sending people to prison because jails are full, judge says as he suspends road rage lorry driver’s sentence
- Fabian Greco received a suspended sentence rather than 18 weeks in prison
- Judge Stephen Leake told him he suspended sentence because prisons were full
- Greco ordered to carry out 200 hours of unpaid work and rehabilitation sessions
Courts have been told to avoid sending people to prison as jails are full and prisoners are being held in police cells, a District Judge has said.
Lorry driver Fabian Greco received a suspended sentence rather than 18 weeks in prison after attacking a fellow trucker in a road rage incident.
Sentencing him at Medway Magistrates Court, District Judge Stephen Leake told him he was suspending the sentence because the prisons were full.
He said: ‘Road rage is taken very seriously by the courts, but at the same time I note you have no previous convictions and there was no trial as you pleaded guilty which meant the victim did not have to give evidence.
Lorry driver Fabian Greco received a suspended sentence rather than 18 weeks in prison after attacking a fellow trucker in a road rage incident in Dartfort (pictured: Darenth Interchange)
‘The prisons are full and Operation Safeguarding guidance was issued to the courts to relieve the pressure on the prison estates as much as possible as people were having to stay and be held in police stations.’
Greco was driving his lorry on the Darenth Interchange in Dartford when he was nearly involved in a crash with another HGV driver.
After the incident on May 24, the other driver, William Harrington, followed Greco to his yard in Capstan Court and got out of his cab to confront him.
Greco, of Ruby Tuesday Drive, Dartford, became angry and got close to Mr Harrington’s face.
The victim pushed Greco away who then retaliated, punching Mr Harrington to floor.
He continued to punch him and kick him when he was on the ground.
Others came to Mr Harrington’s aid and stopped the attack, which was captured on CCTV and Greco was arrested.
He was later charged with assault by beating and admitted the offence when he appeared at Medway Magistrates’ Court.
Sidumiso Mayo, prosecuting, said: ‘There was shouting and they were very close to each other.
‘Mr Harrington thought he was too close to his face, so pushed him away to make more space between them as he feared he was going to be hit.
‘The defendant then punched him in the head and after Mr Harrington fell to the floor he continued to punch and kick him repeatedly in the stomach area.
‘It was others who stopped it.
‘Mr Harrington suffered a graze to his knee and face and bruising to his hip and pain in his knee.’
The court was also told Mr Harrington had to go to hospital to get checked over.
In a victim impact statement read out to the court, Mr Harrington revealed he was shocked by the force of the first punch which hit his head above the ear.
He spent 10 minutes on the floor after the attack as he was unable to get up.
He said he was ashamed and embarrassed by the incident and had cried about it to himself and also cried when he told his wife.
District Judge Stephen Leake heard he was unable to work for a few weeks, his jaw had been out of line, he was very stiff and sore and that he’d urinated blood for a few days after the attack.
Matthew Coxall, defending, said: ‘He pulled up at the gate and a man behind him got out of his cab gave him a bit of verbal, but he completely lost it.
‘It’s about as bad as an assault can get.’
The court heard 29-year-old Greco was remorseful about the incident and had been given a written warning over it by his firm who he had worked for for the past six years.
Mr Coxall added: ‘He’s still got his job.’
As well as the jail sentence, suspended for two years, District Judge Leake also ordered Greco to carry out 200 hours of unpaid work and he must also complete eight rehabilitation sessions.
In addition, he was ordered to pay Mr Harrington £1,500 in compensation, a victim surcharge of £128 and £85 court costs.
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