Shakil Iqbal Khokhar, of Fitzroy Road, Bradford, was jailed for three years and two months at Bradford Crown Court in May after he admitted causing Patrick Rickard's death by dangerous driving when his VW Golf slewed across the A6068 road between Colne and Cowling.

Mr Rickard was at the wheel of his van when the head-on collision occurred last September, London's Appeal Court heard.

Lord Justice Scott Baker, sitting with Mr Justice Holman and Mr Justice Maddison, said the death of Mr Rickard, from Leyland, came as Khokhar carried out an overtaking manoeuvre which one witness described as "impossible".

Swinging out in front of two cars, before clipping an oncoming Toyota van, Khokhar lost control of his VW Golf, veering into the path of Mr Rickard's Peugeot van.

Just seconds before his fatal manoeuvre, Khokhar, who has a previous conviction for his role in the Bradford riots five years ago, had overtaken a line of vehicles, comprising an HGV and four cars.

The Crown claimed his "prolonged" use of his mobile telephone before the tragedy was a serious aggravating factor, but Lord Justice Scott Baker rejected this claim, pointing out that he had stopped using it two minutes before the impact.

The 30-year-old's case reached the Appeal Court in an unusual stand-off between defence and prosecution as Khokhar challenged the length of his sentence.

At the same time lawyers for Solicitor-General, Vera Baird, urged the judges to increase Khokhar's sentence, claiming 38 months was "unduly lenient".

Lord Justice Scott Baker, however, dismissed both applications, leaving Khokhar's sentence unchanged.