Death by dangerous driving
Title: Road traffic offences
Offence: Causing death by dangerous driving
Legislation: Road Traffic Act 1988 s.1
Commencement Date:
Mode of Trial: Indictable only
Statutory Limitations & Maximum Penalty: 14 years imprisonment with effect from 27/02/2007(increased from 10 years imprisonment by s.285 Criminal Justice Act 2003)
Sentencing Range:
12 months imprisonment - 14 years imprisonment (see below for details of starting points dependent on aggravating factors)
Disqualification for minimum 2 years
Obligatory endorsement
Mandatory disqualification until passes extended driving test
Culpability & Harm
General considerations
- It will usually be obvious to the offender that the driving was dangerous and therefore deserves to be punished accordingly.
- Parliament regarded the consequences of dangerous driving as being a relevant consideration so that if death does result, this in itself can justify a heavier sentence than could be imposed for a case where death does not result.
- The impact on the family where death results is a matter that the courts can and should take into account.
- In determining sentence, it is important for courts to stress the message as to the dangers that can result from dangerous driving on the road. Motor vehicles can be lethal if not driven properly and this being so, drivers must know that as a result of their driving dangerously, if a person is killed, no matter what the mitigating circumstances, normally only a custodial sentence would be imposed. This is because of the need to deter other drivers from driving in a dangerous manner and because of the gravity of the offence.
Culpability "must be the dominant factor". Matters of aggravation could be put into four groups.
Aggravating & Mitigating Factors
Generally:
- Aggravating and mitigating features (as set out below) are not exhaustive.
- Sentencers should guard against double accounting, as by justifying one of the higher starting points by reference to a particular aggravating feature and then going higher still on account of the same aggravating factor.
- Significance of factors can differ. There can be cases with three or more aggravating factors that are not as serious as a case providing a bad example of one factor.
Aggravating factors
1. Highly culpable standard of driving at the time of the offence
- the consumption of drugs (including legal medication known to cause drowsiness) or of alcohol, ranging from a couple of drinks to a 'motorised pub crawl'
- greatly excessive speed; racing; competitive driving against another vehicle; 'showing off'
- disregard of warnings from fellow passengers
- a prolonged, persistent and deliberate course of very bad driving
- aggressive driving (such as driving much too close to the vehicle in front, persistent inappropriate attempts to overtake, or cutting in after overtaking)
- driving while the driver's attention is avoidably distracted, for example by reading or by use of a mobile phone (especially if hand-held)
- driving when knowingly suffering from a medical condition that significantly impairs the offender's driving skills
- driving when knowingly deprived of adequate sleep or rest
- driving a poorly maintained or dangerously loaded vehicle, especially where this has been motivated by commercial concerns
2. Driving habitually below an acceptable standard
- other offences committed at the same time, such as driving without ever having held a licence; driving while disqualified; driving without insurance; driving while a learner without supervision; taking a vehicle without consent; driving a stolen vehicle
- previous convictions for motoring offences, particularly offences that involve bad driving or the consumption of excessive alcohol before driving.
3. Outcome of the offence
- more than one person killed as a result of the offence (especially if the offender knowingly put more than one person at risk or the occurrence of multiple deaths was foreseeable)
- serious injury to one or more victims, in addition to the death(s)
4. Irresponsible behaviour at the time of the offence
- behaviour at the time of the offence, such as failing to stop, falsely claiming that one of the victims was responsible for the crash, or trying to throw the victim off the bonnet of the car by swerving in order to escape
- causing death in the course of dangerous driving in an attempt to avoid detection or apprehension
- offence committed while the offender was on bail.
Mitigating factors
- a good driving record;
- the absence of previous convictions;
- a timely plea of guilty;
- genuine shock or remorse (which may be greater if the victim is either a close relation or a friend);
- the offender's age (but only in cases where lack of driving experience has contributed to the commission of the offence), and
- the fact that the offender has also been seriously injured as a result of the accident caused by the dangerous driving.
In addition to the above, the Court of Appeal in Richardson (see below) added a further mitigating factor:
- the fact that the offender behaved responsibly, and took positive action to assist at the scene.
Relevant Sentencing Guidelines (If Any)
[See Archbold 32-7 - 32-10]
Guidelines
The following guidelines apply in the case of a contested trial. (R v Cooksley, reconsidered in light of the statutory increase in maximum penalty and amended by the court in R v Richardson) (see below for citation).
Imprisonment
- No aggravating circumstances. Immediate custodial sentence will generally be necessary unless there are exceptional circumstances
- Starting point: 12 months - 2 years for adult offenders, even where a guilty plea, although such a plea should justify the appropriate reduction in length.
- Intermediate culpability/momentary dangerous driving/error of judgement/ short period of bad driving. Starting point: 2 - four and a half years.
- Higher culpability/standard of offender's driving is more highly dangerous (one or two aggravating factors). Starting point: four and a half to seven years.
- Most serious culpability.Starting point: 7 - 14 years.
Disqualification
- Where the offender had a good driving record before the offence and the offence was a momentary error of judgement -guideline sentence - in the order of 2 years.
- Where the offence and offender's record show the offender tends to disregard the rules of the road or drive carelessly or inappropriately - guideline sentence 3 - 5 years.
- Where the offence and offender's record show the offender represents a real and continuing danger to other road users - guideline sentence 5 - 10 years.
Relevant Sentencing Case Law
R v Cooksley and others [2004] 1 Cr.App.R(S) 1 (following advice of the Sentencing Advisory Panel).
R v Richardson and others [2006] EWCA Crim 3186 where the Court of Appeal considered the impact of the increase in maximum penalty and reassessed the starting points set out in R v Cooksley.
Ancillary Orders:
See above re disqualification/endorsement
Consider Also:
The Sentencing Guidelines Council is carrying out a consultation on causing death by driving offences and will eventually publish sentencing guidelines.
Possibility of alternative verdicts (Archbold para 32-165).
NB the offence 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 ss 224-229 of the CJA 2003.
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