Much debate surrounds the new sentencing guidelines that have been introduced in respect of certain driving offences where death has been the unfortunate result. Whilst some action groups have welcomed the new sentencing guidelines for these sorts of offences, others consider, for example, that a maximum of 7 years imprisonment for motorists who read or write text messages if they cause death is manifestly excessive.
The Sentencing Guidelines Council makes reference to four different types of offences, one of which is causing death by dangerous driving. According to the guidelines, prolonged, persistent and deliberate bad driving and consumption of substantial amounts of drugs or alcohol should put offenders into the most serious category of this type of offence and be given jail terms of at least 7 years.
If this is accompanied by aggravating factors, failing to stop or a very bad driving record, then the guidelines stipulate that this should attract sentences towards the maximum of 14 years.
The Council suggests that where death occurs as a result if careless driving a sentence of up to 3 years imprisonment is likely, however this sentence should be increased should any aggravating factors be present. Should the driving involve “momentary inattention” and there be no aggravating factors, then the motorist should be sentenced to community punishment, which could include a curfew requirement.
The guidelines also refer to the offence of causing death by careless driving under the influence of alcohol or drugs. The sentence is said to be reflective of the amount of alcohol consumed, so that the sentencing levels are similar to those of causing death by dangerous driving.
The guidelines suggest that for this type of offence, a custodial sentence of up to three years is likely, with higher sentences where there is a combination of aggravating factors. However, where the driving involved “momentary inattention” and there were no aggravating factors, an offender should be given a community sentence, which could include a curfew requirement.
In circumstances where death results for an offence involving a driving unlicensed, qualified or uninsured motorist, a maximum sentence of two years can be imposed. The level of seriousness will be based on the reasons why the motorist should not have been on the road. Driving while disqualified is considered to be the most serious and the starting point is that at 12 months imprisonment.
In all cases fines are not likely to be appropriate and where non-custodial sentences are considered appropriate, a community order should be used.
At present there is no specific charge for situations in which a person has been seriously injured as a result of a driver driving either dangerously or carelessly.
The guidelines apply to anyone sentenced on or after 4th August 2008.
Shaheen Mansoor is a Solicitor with roadtrafficlawdirect.com and has specialised in crime for five years.