Legal News
Recent death by dangerous driving sentencing has seen lenient terms doubled (14 February 2018)
Date: 14/02/2018
Since October 2017, the maximum penalty for death by dangerous driving has increased from 14 years to life imprisonment. Since then, a number of deaths by dangerous driving offenders have seen their original sentences increased, in some cases doubled.
In light of stricter sentencing practices there is an assumption that criminal defence in such cases will become more complex, taking into account every detail of a case which may indicate which level the offence comes under.
The Road Traffic Offenders Act 1988 details the penalties for this offence and the sentencing council published extensive guidance which detail how the courts should assess “seriousness” when determining a suitable penalty. A level 1 offence is the most serious, which implies that the offender was conscious in their actions:
‘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.’
A level 2 offence is one which caused a ‘substantial’ risk, whilst level 3 is where there is a ‘significant’ risk to the safety of others. These terms both rely on inference and can be difficult for a court to interpret, meaning lenient sentencing may be down to a court failing to assign the appropriate level to the offence committed.
A HGV driver has recently had their sentence doubled as a result of leniency. Mr Soare killed two people when he veered onto their side of the road whilst checking his satellite navigation system. Canterbury Crown Court sentenced him to 2 years imprisonment and disqualified him from driving for 2 years and 7 months. The Solicitor General Robert Buckland QC referred his case to the Court of Appeal for its leniency, where the judge agreed and increased the sentence to 4 years, disqualified from driving for 4 years 11 months.
Checking the sat nav is something we are all in the habit of doing whilst on the road, however, it is considered an offence if you do check it when it is not in a fixed position. It can be assumed that Mr Soare was notably distracted when referring to his sat nav, causing him to veer into oncoming traffic. This, the Court of Appeal decided was enough to permit an increased sentence since the risk posed by the driver’s actions was ‘significant’ in nature.
Since the penalty increase, there have been neither officially published guidelines in respect of potential life sentences nor any formal guidance on new offences that were/are going to be introduced. Ministers have previously confirmed that drivers who cause death by speeding, racing, or using a mobile phone could face sentences equivalent to manslaughter, with maximum penalties raised from 14 years to life. It will be interesting to see whether satellite navigation systems would fall into the “mobile phone” category in respect of these changes.
Neil Sargeant is a Road Traffic specialist within the Duncan Lewis Crime Department, based in Harrow. For specialist advice please call Neil on 020 3114 1145 or email him on neils@duncanlewis.com.
Neil has specialised in Road Traffic Law since 2008, establishing close working relationships with some of the country’s leading experts in this field and maintaining an outstanding record of client acquittals. His specialist expertise stretch across road traffic law, but are is most extensive in:
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