http://citycyclingedinburgh.info/bbpress/ CityCyclingEdinburgh Forum » Topic: Driver causes Hit and Run death - 8mths gaol, 30 month driving ban en Mon, 18 May 2026 16:09:05 +0000 http://citycyclingedinburgh.info/bbpress/topic.php?id=8337#post-83510 Wed, 05 Sep 2012 13:21:12 +0000 crowriver 83510@http://citycyclingedinburgh.info/bbpress/ <p>According to which:</p> <p><em>A. Assessing seriousness<br /> (i) Determinants of seriousness<br /> 8. There are five factors that may be regarded as determinants of offence seriousness, each of which can be demonstrated in a number of ways. Common examples of each of the determinants are set out below and key issues are discussed in the text that follows in paragraphs 10–18.</p> <p>• Seriously culpable behaviour of offender</p> <p>(p) driving a poorly maintained or dangerously loaded vehicle, especially where commercial concerns had a bearing on the commission of the offence</p> <p>• Victim<br /> (q) failing to have proper regard to vulnerable road users</p> <p>(c) Vulnerable road users<br /> 17. Cyclists, motorbike riders, horse riders, pedestrians and those working in the road are vulnerable road users and a driver is expected to take extra care when driving near them. Driving too close to a bike or horse; allowing a vehicle to mount the pavement; driving into a cycle lane; and driving without the care needed in the vicinity of a pedestrian crossing, hospital, school or residential home, are all examples of factors that should be taken into account when determining the seriousness of an offence. See paragraph 24 below for the approach where the actions of another person contributed to the collision.</p> <p>18. The fact that the victim of a causing death by driving offence was a particularly vulnerable road user is a factor that should be taken into account when determining the seriousness of an offence.</p> <p>D. Offence guidelines Causing death by dangerous driving Factors to take into consideration</p> <p>3. Levels of seriousness<br /> The 3 levels are distinguished by factors related predominantly to the standard of driving; the general description of the degree of risk is complemented by examples of the type of bad driving arising. The presence of aggravating factors or combinations of a small number of determinants of seriousness will increase the starting point within the range. Where there is a larger group of determinants of seriousness and/or aggravating factors, this may justify moving the starting point to the next level.</p> <p>Level 3 – This is driving that created a significant risk of danger and is likely to be characterised by:<br /> • Driving above the speed limit/at a speed that is inappropriate for the prevailing conditions<br /> OR<br /> • Driving when knowingly deprived of adequate sleep or rest or knowing that the vehicle has a dangerous defect or is poorly maintained or is dangerously loaded OR<br /> • A brief but obvious danger arising from a seriously dangerous manoeuvre OR • Driving whilst avoidably distracted OR • Failing to have proper regard to vulnerable road users</p> <p>Causing death by dangerous driving<br /> Road Traffic Act 1988 (section 1)<br /> THIS IS A SERIOUS OFFENCE FOR THE PURPOSES OF SECTION 224 CRIMINAL JUSTICE ACT 2003<br /> Maximum penalty: 14 years imprisonment minimum disqualification of 2 years with compulsory extended<br /> re-test</p> <p>Level 3<br /> Driving that created a significant risk of danger<br /> [Where the driving is markedly less culpable than for this level, reference should be made to the starting point and range for the most serious level of causing death by careless driving]</p> <p>Starting point 3 years custody: Sentencing range 2–5 years custody</p> <p>Additional aggravating factors<br /> 1. Previous convictions for motoring offences, particularly offences that involve bad driving or the consumption of excessive alcohol or drugs before driving<br /> 5. Other offences committed at the same time, such as<br /> driving other than in accordance with the terms of a valid licence; driving while disqualified; driving without insurance; taking a vehicle without consent; driving a stolen vehicle<br /> 6. The offender’s irresponsible behaviour such as failing to stop, falsely claiming that one of the victims was responsible for the collision, or trying to throw the victim off the car by swerving in order to escape<br /> 7. Driving off in an attempt to avoid detection or apprehension</em></p> <p>Looks like a pretty clear case of Death by Dangerous Driving to me.</p> <p>However it looks as though he pled guilty to the lesser charge of Death by Careless or Inconsiderate Driving, and was found guilty, given the sentence he received.</p> <p>I wonder what he was actually charged with? The details about bald tyres, driving without insurance, leaving the scene, etc. suggest he was charged with the more serious offence and went for plea bargain? </p> http://citycyclingedinburgh.info/bbpress/topic.php?id=8337#post-83505 Wed, 05 Sep 2012 13:05:59 +0000 slowcoach 83505@http://citycyclingedinburgh.info/bbpress/ <p>have you seen <a href="http://sentencingcouncil.judiciary.gov.uk/docs/web_causing_death_by_driving_definitive_guideline.pdf">sentencing_guidelines</a></p> <p>'Prosecutor Mr Evans said: "There's no evidence to suggest the standard of the defendant's driving fell short of that required."'</p> <p>I don't understand how driving that causes a death, or even just a non-injury collision, can be seen as up to the standard required. </p> http://citycyclingedinburgh.info/bbpress/topic.php?id=8337#post-83376 Tue, 04 Sep 2012 13:59:04 +0000 Bhachgen 83376@http://citycyclingedinburgh.info/bbpress/ <p><a href="http://www.bbc.co.uk/news/uk-wales-north-west-wales-19473319">http://www.bbc.co.uk/news/uk-wales-north-west-wales-19473319</a></p> <p>Was uninsured. Two of his tyres were below legal standards. He was banned for 6 months in 2009 for having totted up too many points. He knocked a woman off her bike and failed to stop and check on her condition.</p> <p>Usual pathetic sentence and even more pathetic driving ban.</p> <p>(Personal view: locking him up for longer would achieve little and cost the taxpayer a lot. A lifetime driving ban might actually prove to be a deterrent and would at least keep this proven danger off the roads)</p> <p>I though the comment of Judge Parry was interesting:</p> <p>"Sentences for these offences can't remotely reflect the tragic consequences, nor are they intended to do so."</p> <p>Why can't they? And why are they not intended to do so? </p>