Family outrage as uninsured hit and run driver who killed boy, 4, walks free from court

Jason Diprose, 21, who claimed to have learnt to drive on a beach, had been repeatedly prosecuted for going behind the wheel without a licence.

Last July, as Gordon and Jennifer O'Callaghan's four-year-old son Casey crossed a one-way street near his home, the jobless labourer reversed up it the wrong way, knocking him over.

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Instead of stopping to help, Diprose then drove forwards, running over the child again.

As Casey's distraught mother rushed to his aid, Diprose went to the home of the person from whom he borrowed the car and tried to persuade them to say they had been driving.

He finally handed himself in to police a week later.

Yesterday, he was a free man after a court said it had no power to jail him because his driving had not been adjudged dangerous.

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Casey's parents described the outcome as "a total insult".

"If he had stolen money, he would be behind bars now," said Mr O'Callaghan, 44.

"The sentence is barbaric. Justice wasn't done today. It is beyond belief.

"He is an absolute coward. He ran over a four-year-old boy then ran away."

Casey was crossing the road with his five-year-old sister Lillian after playing in a park near his home in Lancaster on July 17 when the Renault Megane hit him. He died later in hospital.

When Diprose appeared before magistrates he admitted driving without due care and attention, failing to stop and report an accident and driving without a licence or insurance.

Chairman of the bench Malcolm Lowe told Casey's parents that the toughest sentence he could impose on Diprose was 300 hours' community service.

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He was also banned from driving for five years and ordered to pay £120 costs but not fined.

The more serious charge of causing death by dangerous driving carries a maximum sentence of 14 years in jail.

Careless driving does not carry a custodial penalty and a new charge of causing death by careless driving, which would carry a maximum five-year prison term, is yet to come into effect.

Failure to stop and report an accident can carry six months' jail but magistrates decided not to impose this on Diprose.

He had already served eight months for attempting to pervert the course of justice over his effort to make the owner of the car lie.

John Begg, prosecuting, said that a witness had described Diprose, of Lancaster, as seeming unfazed by the accident before he drove off.

Graeme Tindall, defending, said his client offered his "sincere apologies".