Aggravated Vehicle Taking (Dangerous driving/death/injury)

Date Updated: January 2012
Title: Aggravated vehicle taking (dangerous driving/death/injury)
Offence: Aggravated vehicle taking (dangerous driving or injury/death caused)
Legislation: Section 12A(2)(a) [dangerous driving] or 12 A(2)(b) [injury/death] Theft Act 1968
Commencement Date: The penalty for an offence where death results was increased from 5 years to 14 years by virtue of section 185(1) Criminal Justice Act 2003, which came into effect on 27 February 2004 (SI 2004/81)
Mode of Trial: Either way
Statutory Limitations & Maximum Penalty: Where injury results: on indictment - 2 years imprisonment, Where death results: on indictment -14 years imprisonment, Summary - 6 months imprisonment/level 5 fine

Aggravating and Mitigating Factors

The following are listed in the Magistrates' Court Sentencing Guidelines, published in August 2008, which are relevant to cases sentenced in the magistrates' court. In the higher courts, and in the absence of an offence specific guideline, the court is likely to have regard to these factors when assessing seriousness.

Factors indicating higher culpability

Prolonged bad driving involving disregard for safety of others
Excessive speeds
Busy roads/built up area
Disregarding warnings of others
Evidence of alcohol or drugs
Carrying out other tasks whilst driving
Carrying passengers or heavy load
Tiredness
Trying to avoid arrest
Aggressive driving, such as driving too close to vehicle in front, inappropriate attempts to overtake, or cutting in after overtaking

Factors indicating greater degree of harm

Injury to others
Damage to other vehicles or property

In addition to the above factors, in the earlier case of R v Bird (1993) 14 Cr App R (S) 343, the Court of Appeal said that when sentencing for this offence, relevant aggravating factors would be related to the overall culpability of the driver: how bad the driving was and for how long it had lasted, and to a lesser extent, how much injury or damage had been caused. Drink would affect the assessment of culpability, but where drink was a major factor in the case it would be the subject of a separate charge.

Relevant Sentencing Guidelines (If Any)

For cases tried summarily, or where conviction is for basic offence, see the Magistrates' Court Sentencing Guidelines.

Relevant Sentencing Case Law

None, but see R v Bird (1993) 14 Cr App R (S) 343. In this case the court stated that "..the fact that Parliament has fixed a maximum of five years' imprisonment for death [now 14 years] as opposed to two years for injury shows that the extent to which physical harm done is an aggravating feature, if only to reflect public reaction to maiming or death caused by bad driving."

Ancillary Orders

Obligatory disqualification from driving and licence endorsement (3-11 points): Road Traffic Offenders Act 1988 - sections 28, 34, 44 and 97, and Schedule 2, Part II.
Must disqualify for at least 2 years if offender has had two or more disqualifications for preriods of 56 days or more in the preceding 3 years section 34(4) RTOA 1988
Compensation - see Legal Guidance: Sentencing: Ancillary Orders

Consider Also

NB: an offence which involves an accident which caused the death of another is a "specified" violent offence with in the meaning of Schedule 15 of the Criminal Justice Act 2003 and a "serious" offence for the purposes of sections 224-229 of the CJA 2003.
That the indictment makes clear which offence is being charged, due to the different penalties that apply depending on the behaviour alleged.
The court may convict of the "basic" offence of TWOC (section 12A(5) Theft Act 1968) in which case, the court has the same powers and duties as the magistrates' court.

How to use this Legal Guidance