According to which:
A. Assessing seriousness
(i) Determinants of seriousness
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.
• Seriously culpable behaviour of offender
(p) driving a poorly maintained or dangerously loaded vehicle, especially where commercial concerns had a bearing on the commission of the offence
• Victim
(q) failing to have proper regard to vulnerable road users
(c) Vulnerable road users
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.
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.
D. Offence guidelines Causing death by dangerous driving Factors to take into consideration
3. Levels of seriousness
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.
Level 3 – This is driving that created a significant risk of danger and is likely to be characterised by:
• Driving above the speed limit/at a speed that is inappropriate for the prevailing conditions
OR
• 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
• 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
Causing death by dangerous driving
Road Traffic Act 1988 (section 1)
THIS IS A SERIOUS OFFENCE FOR THE PURPOSES OF SECTION 224 CRIMINAL JUSTICE ACT 2003
Maximum penalty: 14 years imprisonment minimum disqualification of 2 years with compulsory extended
re-test
Level 3
Driving that created a significant risk of danger
[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]
Starting point 3 years custody: Sentencing range 2–5 years custody
Additional aggravating factors
1. Previous convictions for motoring offences, particularly offences that involve bad driving or the consumption of excessive alcohol or drugs before driving
5. Other offences committed at the same time, such as
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
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
7. Driving off in an attempt to avoid detection or apprehension
Looks like a pretty clear case of Death by Dangerous Driving to me.
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.
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?
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