Overly Lenient Sentence for Death by Careless Driving
Discussion
https://www.bbc.co.uk/news/articles/cg4e45107pwo
Unbelievable sentence handed down after a 12 year old killed by a negligent driver.
Unbelievable sentence handed down after a 12 year old killed by a negligent driver.
The BBC article omitted some important details. The defendant was initially charged with CDDD and later pleaded guilty to CDCD and dangerous driving.
From the few facts reported, I’m surprised that the prosecuting authority accepted a plea to CDCD (and DD) rather than CDDD.
In E&W the maximum sentence for CDCD is 5 years.
As to whether the sentence in this case is lenient, I have no information about NI cases.
If E&W then:
“In 2021, around 210 offenders were sentenced for causing death by careless or inconsiderate driving. Most offenders were either given a suspended sentence order (41 per cent) or a community order (31 per cent). A further 25 per cent were sentenced to immediate custody, 2 per cent received a fine and 1 per cent were recorded as ‘otherwise dealt with’. … In 2021, the Average Custodial Sentence Length for this offence was 1 year 2 months.” – Sentencing Council
In E&W a custodial sentence of two years or less can be suspended for up to two years. I assume NI has a similar provision.
From the few facts reported, I’m surprised that the prosecuting authority accepted a plea to CDCD (and DD) rather than CDDD.
In E&W the maximum sentence for CDCD is 5 years.
As to whether the sentence in this case is lenient, I have no information about NI cases.
If E&W then:
“In 2021, around 210 offenders were sentenced for causing death by careless or inconsiderate driving. Most offenders were either given a suspended sentence order (41 per cent) or a community order (31 per cent). A further 25 per cent were sentenced to immediate custody, 2 per cent received a fine and 1 per cent were recorded as ‘otherwise dealt with’. … In 2021, the Average Custodial Sentence Length for this offence was 1 year 2 months.” – Sentencing Council
In E&W a custodial sentence of two years or less can be suspended for up to two years. I assume NI has a similar provision.
agtlaw said:
The BBC article omitted some important details. The defendant was initially charged with CDDD and later pleaded guilty to CDCD and dangerous driving.
From the few facts reported, I m surprised that the prosecuting authority accepted a plea to CDCD (and DD) rather than CDDD.
In E&W the maximum sentence for CDCD is 5 years.
As to whether the sentence in this case is lenient, I have no information about NI cases.
If E&W then:
In 2021, around 210 offenders were sentenced for causing death by careless or inconsiderate driving. Most offenders were either given a suspended sentence order (41 per cent) or a community order (31 per cent). A further 25 per cent were sentenced to immediate custody, 2 per cent received a fine and 1 per cent were recorded as otherwise dealt with . In 2021, the Average Custodial Sentence Length for this offence was 1 year 2 months. Sentencing Council
In E&W a custodial sentence of two years or less can be suspended for up to two years. I assume NI has a similar provision.
That's nuts? How you can plead guilty to CDCD and dangerous driving but not CDDD isn't right. It's either one or the other, the victim died due to the collision and the standard of driving, that's fact.From the few facts reported, I m surprised that the prosecuting authority accepted a plea to CDCD (and DD) rather than CDDD.
In E&W the maximum sentence for CDCD is 5 years.
As to whether the sentence in this case is lenient, I have no information about NI cases.
If E&W then:
In 2021, around 210 offenders were sentenced for causing death by careless or inconsiderate driving. Most offenders were either given a suspended sentence order (41 per cent) or a community order (31 per cent). A further 25 per cent were sentenced to immediate custody, 2 per cent received a fine and 1 per cent were recorded as otherwise dealt with . In 2021, the Average Custodial Sentence Length for this offence was 1 year 2 months. Sentencing Council
In E&W a custodial sentence of two years or less can be suspended for up to two years. I assume NI has a similar provision.
I had a similar case years ago for a serious injury case where he plead guilty to dangerous driving but not CSIDD, the judge went ballistic on his legal team and he was immediately found guilty of CSIDD. The obvious reason being that the injuries were caused by the DD.
Sheepshanks said:
Is sentencing based on what was typical around the time?
Or perhaps softened in view of time passed since the incident?
The maximum sentence is that available on the offence date. If the maximum sentence was increased after the offence date but before sentence then that new maximum is not available to the sentencer.Or perhaps softened in view of time passed since the incident?
Edited by Sheepshanks on Saturday 7th February 07:48
Different considerations apply to sentencing guidelines. They apply at the sentencing hearing. I’ve dealt with quite a few cases in which a harsher sentencing guideline was in force at the sentencing hearing than that available should the offender have been sentenced on the offence date.
I don’t know anything about NI. I don’t know if they have a Sentencing Council.
Stealing 100k doesn’t get you sent to jail either
https://www.dailymail.co.uk/news/article-15536333/...
https://www.dailymail.co.uk/news/article-15536333/...
dukeboy749r said:
Taking a life by means of careless driving, being intoxicated or just speeding, should carry a minimum sentence that deters people from being t
ts behind the wheel.
You're making the assumption that potential punishments act as a deterrent for idiots. They don't. ts behind the wheel.And if we want harsh consequences they should be harsh and long term.
The case isnt simple.
There's evidence the driver was being dangerous in the drive leading up to the crash, but not at the time of the crash, leading to the DD charge.
The big mitigating factor is that the kid ran out from behind a bus and got hit by the driver. It's very sad, but not necessarily 100% the drivers fault, hence the outcome
https://www.belfastlive.co.uk/news/supermarket-del...
There's evidence the driver was being dangerous in the drive leading up to the crash, but not at the time of the crash, leading to the DD charge.
The big mitigating factor is that the kid ran out from behind a bus and got hit by the driver. It's very sad, but not necessarily 100% the drivers fault, hence the outcome
https://www.belfastlive.co.uk/news/supermarket-del...
5lab said:
The case isnt simple.
There's evidence the driver was being dangerous in the drive leading up to the crash, but not at the time of the crash, leading to the DD charge.
The big mitigating factor is that the kid ran out from behind a bus and got hit by the driver. It's very sad, but not necessarily 100% the drivers fault, hence the outcome
https://www.belfastlive.co.uk/news/supermarket-del...
"His insight into the effect on Aaron’s family was all the more genuine as his sister had been knocked down and killed by a taxi driver in London in 2012, the court heard."There's evidence the driver was being dangerous in the drive leading up to the crash, but not at the time of the crash, leading to the DD charge.
The big mitigating factor is that the kid ran out from behind a bus and got hit by the driver. It's very sad, but not necessarily 100% the drivers fault, hence the outcome
https://www.belfastlive.co.uk/news/supermarket-del...
Not enough insight to drive without his hands on his phone or his fork though.
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