A Liverpool motorist has narrowly avoided prison after being convicted of ploughing through a gaggle of geese with his car.
Abraham Andemariam, 31, of Asbridge Street, Liverpool, was convicted on Monday, 20th November 2023 of seven offences of killing a wild bird, driving without due care and attention and driving without a valid test certificate.
The Eritrean didn't attend the hearing at Liverpool Magistrates' Court and was convicted in his absence.
He was sentenced by the same court on Monday, 27th November 2023.
Killing a wild bird is an offence under section 1 of the Wildlife and Countryside Act 1981. The maximum penalty on summary conviction is 6 months' custody and/or an unlimited fine.
Tom Quick, prosecuting, told the court that Andemariam was driving on Omega Boulevard, Warrington, at around 7 am on Saturday, 15th July 2023.
CCTV footage captured the moment the 31-year-old's car, which was carrying four passengers at the time, "drove straight through" the gaggle of greylag geese, without slowing down or deviating from its course.
Andemariam continued driving to his place of work, the nearby Amazon fulfillment centre - employment he has since lost as a result of the incident.
A witness described to the court how several birds were left flailing about on the road with drastic injuries, which she found distressing.
A public appeal was launched and Andemariam was arrested three days later, with the police finding goose feathers lodged in the front grill of his car.
Rebecca Templeton, mitigating, told the court that her client was a man of previous good character, who had cooperated with the police investigation.
Ms Templeton said: "He was appalled at watching the CCTV and was visibly upset with what he did on that day."
She added that her client had a family and a custodial sentence would have a detrimental impact on his children.
Magistrates were of the opinion that the offences were so serious that only a custodial sentence was appropriate. However, they decided to suspend the custodial term owing to the impact it would have on Andemariam's children.
Reginald Walsh, Presiding Justice, said: "We have carefully considered all of the facts put before us today.
"The matters today are serious matters and having looked at the sentencing guidelines and overarching principles, we believe these offences are so serious that only a custodial sentence is justified.
"We have noted the harm to the animals and the damage and that you failed to take any action to avoid collision, thereby causing considerable suffering and damage."
Andemariam was sentenced to 12 weeks' custody suspended for 12 months, with the requirement that he completes 50 hours' unpaid work and up to 10 days' rehabilitation activity.
He was also disqualified from driving for six months.
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