Warning: C+ thread

sentencing guidelines and additional offences

2 new offences have been introduced in the Road Safety Act 2006: causing death by careless driving; and causing death by driving - unlicensed, disqualified or uninsured drivers.

In addition, new sentencing guidelines have been issued yesterday (to take effect 4th August) for causing death by dangerous driving; causing death by careless driving under the influence of alcohol or drugs; causing death by careless driving; and causing death by driving - unlicensed, disqualified or uninsured drivers, which now take in to account the following:

A. Determinants of Seriousness

• prolonged, persistent and deliberate bad driving
  
• effect of alcohol / drugs
  
• inappropriate speed
  
• seriously culpable behaviour of offender
  
• failing to have proper regard to vulnerable road users.
  B: Use of alcohol or drugs
  C: Gross avoidable distractions
  D: Not taking account of vulnerable road users (specifically, not driving considerately to pedestrians, cyclists and horses)
  
  
  

The interesting thing is that not only are sentences going up, but there is much more clarity on what might be deemed a serious offence.

Example 1:

• 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
  
  

= seriousness level 3 (significant risk)
= Sentencing range 2-5 years custody.

Example 2:

• Greatly excessive speed, racing or competitive driving against another driver OR
  
• Gross avoidable distraction such as reading or composing text messages over a period of time OR
  
• Driving whilst ability to drive is impaired as a result of consumption of alcohol or drugs, failing to take prescribed medication or as a result of a known medical condition OR
  
• A group of determinants of seriousness which in isolation or smaller number would place the offence in level 3
  
  
  

= seriousness level 2 (substantial risk)
= Sentencing range 4-7 years custody.

Example 3:

• A prolonged, persistent and deliberate course of very bad driving AND/OR
  
• Consumption of substantial amounts of alcohol or drugs leading to gross impairment
  AND/OR
  
• A group of determinants of seriousness which in isolation or smaller number would place the offence in level 2
  
  

= seriousness level 1 (deliberate disregard)
= Sentencing range 7-14 years custody.