A merciful judge has spared a father, whose dangerous driving killed his seven-year-old son in Saltwood, from going to prison.

Abdul Mosa, 43, wept bitterly as the court heard how he cradled the child in his arms after the head-on accident on the A20 Ashford Road near Hythe.

The crash – caused because he drove on the wrong side of the road after returning from France in August – left four other people hurt, including his wife and two more of his children.

Judge James O'Mahony said the public would expect deterrent sentences but added: “I do not know a greater deterrent for this defendant to know his mistake ended up with the killing of his own child.”

Prosecutor Stephen Shay told how Mosa had ignored warnings from a Dutch couple on the road and two of the children were not wearing seat belts.

Canterbury Crown Court heard that Mosa, from Leeds escaped with minor injuries – and was now “the glue” holding together his “fragile family”.

His seven year old son Alin died in the tragedy which also left six-year-old son Ara with life-changing injuries, and 18-month-old daughter Arda and wife Huzan seriously hurt.

Mosa’s Kia had ploughed head-on into a DAF lorry driven by Anthony Brown who was also left with injuries which now threaten his career as a driver.

But Judge O’Mahony said that despite the aggravating features of the crash, sending Mosa to prison would “most likely” result in his children being taken into care because his wife can’t cope.

“That would further punish the victims of these offences, “ he added.

Mosa, who admitted five charges of causing death and serious injury by dangerous driving, faced a prison sentence as a deterrent.

But the judge added: “It is an appalling conundrum for me to deal with. On the one hand, the most efficacious way is not to punish the children and to ensure they do not get taken into care.

“Another side is the public interest in the application of proper penalties and punishments in order to deter and make sure people will not drive on the wrong side of the road, knowing if they do they face a substantial prison sentence.

Judge O’Mahony said in deciding to suspend the jail sentence he had “not overlooked what Mr Brown has and continues to suffer.

The prosecutor told how Mosa had just exited the Eurotunnel and had travelled at least 200 yards in the right-hand lane – ignoring clear signs posted along the route.

Mr Shay said: “The vehicle was observed by two Dutch visitors driving on the wrong side of the road and they tried to signal to him and he obviously didn’t see the signal.

“It would seem that he simply forgot and was driving in European conditions. This was a mistake, a brief mistake with appalling consequences. “

Mosa later told police he thought he was on a one-way road – but the prosecution added the clear road markings made that unlikely.

The prosecutor said Mosa suffered minor injuries because his airbag worked – but his wife’s did not.

Lorry driver Mr Brown spent eight days in hospital after the accident after suffering a series of fractures to his right arm.

"The harsh reality is that this defendant is going to be punished every minute of the rest of his life. He has to live with the consequences of his mistake...there can be no greater punishment in this world than that” - Andrew Nuttall

Part of the Kia’s roof rack went through the lorry’s windscreen leaving Mr Brown with a disability to one of his fingers.

The judge said: “It must have been a devastating experience for him because he still had glass when he was seen in hospital.”

Andrew Nuttall, defending, said the child, Ara will now “never lead a normal life” because of his injuries.

“This is an appalling case which arose out of a simple mistake. This defendant started his punishment the moment his son died in his arms and he realised the enormity of his mistake.

“The harsh reality is that this defendant is going to be punished every minute of the rest of his life. He has to live with the consequences of his mistake...there can be no greater punishment in this world than that.”

Mosa was given a two year sentence suspended for two years and banned from driving for three years.

He was also made subject to a tagged curfew for six months – not allowed to leave his home unless it is to visit his child.