Fenella Hawes killer Malcolm Waite avoids longer sentence

Rosie Hawes, from Cromer, was speaking after a Court of Appeal hearing today (January 25) into the eight-year prison term given to Malcolm Waite by Norwich Crown Court in November.

Waite, 68, was five times over the legal alcohol limit on July 31 last year when he veered off the A149 near Stalham and hit Rosie's sister, Fenella Hawes, 20, and a 16-year-old girl, who suffered minor injuries. 

Malcolm Waite, who was sentenced to eight years for causing death by dangerous driving. (Image: Norfolk Police)

The maximum sentence for causing death by dangerous driving, or death by careless driving through drink or drugs, was increased from 14 years to life in prison on June 28 last year.

And a petition signed by more than 5,600 people demanded a longer sentence for Waite.

Last week, the attorney general, Victoria Prentis, said the Court of Appeal should decide whether to increase his jail term, but the court has now declined to do so. 

After the decision was made, Rosie Hawes, 27, said: “This is another hurtful blow to my family whilst we visit her grave and mourn daily. 

“Although this was never going to bring my beautiful sister back, I had hoped justice would recognise her life and the effect it has had on hundreds of people around us.

“The fact that the defendant can live his life in a category C prison which entitles him to more freedom than higher security prisons would is wrong.” 

Fenella Hawes (Image: Supplied)

Arguing for a longer sentence, the solicitor general, Michael Tomlinson KC, said insufficient weight was given to the fact there was a second victim, and that both victims were vulnerable road users, being pedestrians walking along the pavement.

Mr Tomlinson also said Waite continued driving after hitting the victims, until he ran off the road a second time about 800 metres further on and crashed into a lamppost. 

The KC said Waite - a retired engineer formerly of Meadow Drive, Hoveton - had also breached bail conditions he was on at the time of the crash, by trying to drive to his wife’s address. 

Flowers left by the A149 near Stalham after Fenella Hawes was killed. (Image: Newsquest)

In mitigation, Andrew Campbell-Tiech KC said Waite had no previous convictions, had shown “real remorse”, that he had “significant” mental health issues, and that he had pleaded guilty.  

In handing down his ruling, Lord Justice William Davis said: “We are not going to give leave to refer this sentence. The judge in Mr Waite’s case was well aware of the increase in the maximum sentence.

“The balancing of mitigating and aggravating factors is something that has to fall to crown court judges on a regular basis and we can see nothing wrong with the way Judge [Alice] Robinson carried out that exercise.

“His sentence will remain as it was imposed by Judge Robinson at Norwich Crown Court.”

Mr Davis went on to say that Waite’s actions in getting into a car when drunk could not be described as “anything less than reprehensible”.

Heartbreak: Rosie Hawes speaks about Fenella

Fenella, a natural sciences student at Lancaster University, had been walking from her summer job to her family home in Stalham when she was hit and killed. 

Rosie said: “Fenella had a beautiful and caring life ahead of her, she was devoted to her parents more than most 20-year-olds. 

“Her caring nature extended far and wide over the county in everything she did. 

Sisters Rosie, left, and Fenella Hawes. Fenella, 20, was killed by a drink driver last year. (Image: Supplied by Rosie Hawes)

“Her love for the environment was boundless and we as a family are so proud of everything she achieved and was due to achieve. 

“My little sister taught me so much about the world and I shall hold these memories in my breaking heart forever. 

“Her legacy in our family will last a lifetime, never forgotten and always held close. She is now our shining star in the sky and our light in the darkness we find ourselves in. 

“Thank you to everyone who signed our petition and supported us, this has offered my family some faith in others. 

“Although this was never going to bring my beautiful sister back, I had hoped justice would recognise her life and the effect it has had on hundreds of people around us.

“The fact that the defendant can live his life in a category C prison which entitles him to more freedom than higher security prisons would is wrong. 

“This is another hurtful blow to my family whilst we visit her grave and mourn daily. 

“We got a life sentence when she was killed by this man who decided he was above the law and got into a deadly weapon - his car - whilst five times over the drink-drive limit, showing a complete disregard for the safety and lives of others. 

“I hope he sees this and acknowledges the mental suffering my family now endure daily, my two young children included that lost the chance to grow up with their devoted auntie. 

“These are mental scars that will stay with them forever and alter how they grow as children. 

“Whilst we didn’t get the result we wanted we hope this case raises awareness for the need for harsher sentencing for the future and shows the public the severity of this type of crime.”