Driving deaths sentencing reviewed
Discussion
Driving deaths sentencing reviewed
Judges want sentences to reflect how serious dangerous driving is
New sentencing guidelines for cases involving death by dangerous driving and careless driving under the influence of drink or drugs were unveiled by the Court of Appeal on Thursday.
The new guidelines come as part of a judgement related to three appeals against charges for death by dangerous driving.
The Lord Chief Justice, Lord Woolf, and two other senior judges said that while prison sentences should be applied only when strictly necessary, "normally the only appropriate sentence for an offender found guilty of these offences is a custodial sentence".
The court has said the basic offence of dangerous driving - without causing death, but causing serious injury - should be increased from two years to five years.
"Drivers must know that, if a person is killed as a result of their driving dangerously, a custodial sentence will normally be imposed no matter what the mitigating circumstances."
We welcome this ruling as acknowledgement of the huge dangers posed by drivers who choose to drive when tired, or while using a mobile phone
Mark Williams, chief executive of Brake
People who fell asleep at the wheel were likely to have longer sentences because they would have warning they were likely to fall asleep.
More serious were those who had had their attention distracted by reading or using mobile phones.
Other aggravating features included consumption of drugs or alcohol, greatly excessive speed, racing, competitive driving against another driver, and driving a poorly maintained or dangerously loaded vehicle.
Mitigating circumstances would include good driving, genuine shock and remorse and whether the defendant had been injured themselves.
Ruling welcome
The sentence guidelines have been revised after advice from the Sentencing Advisory Panel.
Mary Williams, chief executive of road safety charity Brake, said on Thursday: "We welcome this ruling as acknowledgement of the huge dangers posed by drivers who choose to drive when tired, or while using a mobile phone.
Training courses are available to help prepare for motorway driving
"It is ludicrous that, until now, drivers who have killed on the road have been able to cite their own risk-taking as part of their defence.
"This sends a clear message to drivers that taking such risks on the road is totally unacceptable."
The maximum sentence for death by dangerous driving has not been raised above 10 years, because an offence of motor manslaughter existed which carried a maximum penalty of life imprisonment.
The judges said that courts should bear in mind "how important it is to drive home the message that dangerous driving has a potentially horrific impact".
One of the cases involves the man who killed the step-brother of Atomic Kitten star Liz McClarnon.
Neil Cook, from Liverpool, has had his sentence reduced from seven years to six years for killing 17-year-old Mark Cook (no relation) in September 2002.
Judges want sentences to reflect how serious dangerous driving is
New sentencing guidelines for cases involving death by dangerous driving and careless driving under the influence of drink or drugs were unveiled by the Court of Appeal on Thursday.
The new guidelines come as part of a judgement related to three appeals against charges for death by dangerous driving.
The Lord Chief Justice, Lord Woolf, and two other senior judges said that while prison sentences should be applied only when strictly necessary, "normally the only appropriate sentence for an offender found guilty of these offences is a custodial sentence".
The court has said the basic offence of dangerous driving - without causing death, but causing serious injury - should be increased from two years to five years.
"Drivers must know that, if a person is killed as a result of their driving dangerously, a custodial sentence will normally be imposed no matter what the mitigating circumstances."
We welcome this ruling as acknowledgement of the huge dangers posed by drivers who choose to drive when tired, or while using a mobile phone
Mark Williams, chief executive of Brake
People who fell asleep at the wheel were likely to have longer sentences because they would have warning they were likely to fall asleep.
More serious were those who had had their attention distracted by reading or using mobile phones.
Other aggravating features included consumption of drugs or alcohol, greatly excessive speed, racing, competitive driving against another driver, and driving a poorly maintained or dangerously loaded vehicle.
Mitigating circumstances would include good driving, genuine shock and remorse and whether the defendant had been injured themselves.
Ruling welcome
The sentence guidelines have been revised after advice from the Sentencing Advisory Panel.
Mary Williams, chief executive of road safety charity Brake, said on Thursday: "We welcome this ruling as acknowledgement of the huge dangers posed by drivers who choose to drive when tired, or while using a mobile phone.
Training courses are available to help prepare for motorway driving
"It is ludicrous that, until now, drivers who have killed on the road have been able to cite their own risk-taking as part of their defence.
"This sends a clear message to drivers that taking such risks on the road is totally unacceptable."
The maximum sentence for death by dangerous driving has not been raised above 10 years, because an offence of motor manslaughter existed which carried a maximum penalty of life imprisonment.
The judges said that courts should bear in mind "how important it is to drive home the message that dangerous driving has a potentially horrific impact".
One of the cases involves the man who killed the step-brother of Atomic Kitten star Liz McClarnon.
Neil Cook, from Liverpool, has had his sentence reduced from seven years to six years for killing 17-year-old Mark Cook (no relation) in September 2002.
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