2012-09-16 - Rider Down/Fatality, Twyford (Berkshire)

Looking at the sentencing guidelines we first must identify the appropriate starting point.

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 1 – The most serious offences encompassing driving that involved a deliberate decision to ignore (or a flagrant disregard for) the rules of the road and an apparent disregard for the great danger being caused to others. Such offences are likely to be characterised by:
• 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
Level 1 is that for which the increase in maximum penalty was aimed primarily. Where an offence involves both of the determinants of seriousness identified, particularly if accompanied by aggravating factors such as multiple deaths or injuries, or a very bad driving record, this may move an offence towards the top of the sentencing range.

Level 2 – This is driving that created a substantial risk of danger and is likely to be characterised by:
• 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

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
The starting point and range overlap with Level 2 is to allow the breadth of discretion necessary to accommodate circumstances where there are significant aggravating factors.

To my mind she is clearly in level 2 because she was

driving whilst the driver’s attention is avoidably distracted, for example by reading or adjusting the controls of electronic equipment such as a radio, hands-free mobile phone or satellite navigation equipment

for a prolonged period of time.

Next we must "Consider relevant aggravating factors, both general and those specific to the type of offence"

There are no relevant specific aggravating factors.
There are no relevant general aggravating factors, however "failing to have proper regard to vulnerable road users" is a factor that increases the "seriousness" of the offence.

Now we "Consider mitigating factors and personal mitigation"
There are no relevant specific mitigating factors. As personal mitigation, we must take into account a "good driving record" (but note that this is not automatically mitigating—she must demonstrate an exemplary record), assistance given at the scene and remorse.

The starting point is 5 years custody and the range is 4–7 years custody. So given that she has one aggravating (vulnerable road user) and one mitigating factor (remorse), she should be given 5 years, with no discount for pleading guilty to the lesser offence (as the family etc were put through the distress of the trial). Presumably she would only serve 2.5 yrs, with the remainder on probation.

This seems about right; perhaps a little high. However the length of the driving ban is more important in my mind. The minimum is 2years and the guidelines specify only that determining it should take into account the likely time to spent in prison.

In an ideal world, this would be a multi-decade or lifetime ban. More likely, 5years.