Lunatic driver escapes jail

Exclusive: John Scheerhout

February 09, 2009

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A DRIVER carried out two hand-brake turns on the M62 - before attacking a police officer who went to investigate.

But labourer Marc Kirk, who has previous convictions for drink-driving, and disorderly behaviour, was given a two-year conditional discharge because he is about to start a new job.

Judge Clement Goldstone, at Manchester Crown Court, branded Kirk's driving 'lunatic' but said he could not impose a suspended prison sentence as he had wanted.

Because Kirk had a job in Ireland, he wouldn't be able to carry out any community punishment in the UK - which forms part of all suspended sentences, said Judge Goldstone.

"I cannot impose such a requirement in this case because you are not going to be here to fulfil it and I'm not going to set you up to fail," said the judge. He added he would otherwise have handed him a suspended six months sentence in a young offenders' institution.

The court was told that Kirk suddenly stopped his silver Vauxhall Corsa on the hard-shoulder near junction 18 because of a row with his girlfriend.

CCTV footage shows Kirk, his girlfriend and two others get out of the car near Birch services at 2am after a night out in Blackpool.

Kirk, 20, is captured getting back into his car and carrying out a U-turn which takes him across the motorway into the fast lane. Two on-coming cars slam on their brakes and Kirk does a hand-brake turn until he is side-on in the middle lane of the motorway.

He then speeds back to the hard-shoulder where he had originally pulled over and carries out a second hand-brake turn, leaving the car again facing the wrong way towards the on-coming traffic.

Kirk then beat up a passing patrol cop who tried to stop him.The court heard he 'repeatedly' punched the officer in the face, knocking off and smashing the officer's glasses.

The pair ended up rolling across the hard-shoulder as the officer struggled to arrest Kirk, who also kicked the oficer in the head. He was arrested and later admitted dangerous driving and assault. Kirk, of Oakworth Road, Keighley, was also banned from driving for two years and ordered to take an extended test when he is eligible to return to the roads.

He was also ordered to pay £1,800 in compensation to the officer and court costs.

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mick a, whitefield (09/02/2009 at 06:36)

Another harsh sentence handed out by a judge who is obviously out of touch with reality. Kirk should have received a custodial sentence for his dangerous driving alone, never mind attacking the Police officer. I wonder what would have happened if he had assaulted a judge. Why dont they get tough on these idiots?

Themandownunder, South Australia (09/02/2009 at 07:03)

How can an offender like this who puts peoples lives in serious risk - then assaults a Police Officer escape jail. Then the video of his actions are broadcast to the public as if to say "It's ok to do this, even if caught nothing will happen"
He should have been jailed - then Yes MEN you can show the video

deejayvu, everywhere (09/02/2009 at 07:35)

is it any wonder that repeat offenders like this carry on "repeat offending"

the law is a joke and this fool should not have been let off for clearly endangering others and attacking a police officer.

So what he was going to Ireland to start a new job, lock the little s**t up and make him miss the job, maybe he will get sacked and maybe he might start to think how his actions are affecting others. Instead, he laughing all the way to his new job and making a mockery of this PC nonsence that has kept him out of jail. It makes me sick

Lawrence Glendinning (09/02/2009 at 07:40)

Yet ANOTHER pathetic sentence! So what if he has a new job. Thats ok then! Big deal he has got away scot free. When is the justice system going to wake up.

Tameside Blue, Tameside (09/02/2009 at 08:16)

This guy should be sent to jail for life

The judge should be sent to jail as well and put in the same cell

Why are judges imune from gross recklessness in sentencing ?

Ridiculous

gillykins, urmston (09/02/2009 at 08:19)

What would have happened if this guy had killed someone?? Stupid comments from the judge here - the bloke should have been jailed and banned from driving forever. What an idiot!!!!!

team steve, droylsden (09/02/2009 at 08:35)

Its now open season on the police!!! you can assault them all you want now and the courts let you go, just say you have got a new job and its fine.

Orb, Rochdale (09/02/2009 at 08:42)

This is ridiculous! Any one of the driving or assault charges should have resulted in jail time, and this oxygen thief gets off with both?
If I was to go out at 6am on a sunny summer Sunday morning and get caught doing 130mph on an empty motorway then I am 100% certain I'd be looking at jail time for the offence. Compare and contrast this with the above. Which one is worse?

Bury Pensioner., Bury. (09/02/2009 at 08:49)

This Lunatic should have got 5 years at least. Another case of 'Crackpot' Magistrates feeling sorry for the offender. I suppose it would have been just the same outcome if he had killed somebody.

Politically damaged, Castlefield (09/02/2009 at 08:59)

Its not helpful to brand this kind of behaviour "lunatic". The Judge and the MEN are wrong to ascribe a derogatory term that stygmatises mental illness to behaviour in this case that is just eccentric or criminal.

Cllr Ken Hulme, Delph (09/02/2009 at 09:02)

Well that really restores your faith in British Justice !

Punching and kicking a copper as well. Bet that does wonders for Police morale !

Jo14 (09/02/2009 at 09:11)

So, he's starting a job? What difference does that make?? He should've been banged up!

Oh well, I guess he'll be Ireland's problem now.

jacko101 (09/02/2009 at 09:12)

So, what do you have to do to be sent to jail? I'm sure the Police officer is as confused as we are about this.

Al Capone of Atherton, Atherton (09/02/2009 at 09:16)

Beating up a bobby? Driving drunk? Almost causing a motorway pileup? What do you have to do to get locked up these days? I know. Don't pay your council tax?

PAUL BLUE, LANCS (09/02/2009 at 09:16)

What do you have to do these days to get sent to prison. So what if he had a job to go to. He endangered other peoples lives and then assaulted a Police Officer. I would bet that the job in Ireland is just a figment of this idiots imagination.

gib phill, gibraltar (09/02/2009 at 09:21)

what have you got to do these days to get banged up ???

The Devil's Advocate (09/02/2009 at 09:23)

"Kirk then beat up a passing patrol cop who tried to stop him.The court heard he 'repeatedly' punched the officer in the face, knocking off and smashing the officer's glasses. ... The pair ended up rolling across the hard-shoulder as the officer struggled to arrest Kirk, who also kicked the oficer in the head."

And he gets away with it! I don't know what to say - it's not often that I'm speechless.

theface, City Centre (09/02/2009 at 09:25)

Absolutely disgusting sentence. Anybody who assaults a Police Officer in this way should automatically receive a custodial sentence regardless of their circumstances.
Where is the deterent to the offender to not do this again.
Yet another out of touch judge.

Terry Bostock (09/02/2009 at 09:33)

Perhaps the judge failed to realize that the accused probable took employment in ireland to avoid going to jail. It's about time our courts got into the real world.

David of Ashton, Ashton (09/02/2009 at 09:41)

Me thinks Clement Goldstone may have had the wool pulled over his eyes- new job, has he forgot to take into account the fact that he hit a police officer, forget the traffic offences get the priorities right

John Quambo, salford (09/02/2009 at 09:41)

Hands up who's suprized he didn't get jail..... what a pathetic, scum infested country we live in

Frostee, Oldham (09/02/2009 at 09:44)

There is no better example of why this country is going down the pan when you see this sort of nonsense. I could rave about the lunacy of the sentence but why bother, I just feel utmost despair and disgust at weak sentences that are being issued like confetti these days. What the police officer must make of the sentence after having been violently assaulted, including potential fatal blows to the head (as are all kicks to the head), by this maniac I don't know, but I know what I'd feel about this particular judge.

want to leave, Stretford (09/02/2009 at 09:53)

This idiot should have been jailed!

drew-peacock, romiley (09/02/2009 at 09:53)

CONDITIONAL DISCHARGE!!???..Is this a joke?
This bloke should have been jailed for about 3 years, assault on a Police Officer should for a start be a mandatory prison sentence. This Judge needs removing asap.

Ace Shakespeare , manchester (09/02/2009 at 10:06)

Simple this judge needs firing from his job and this driver needs to be banned and jailed .this is typical of british justice .

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