References: [1999] EWCA Crim 2116, [2001] CAR (S) 394
Links: Bailii
Ratio: The AG sought to refer to the court as unduly lenient a sentence of 100 hours community service for causing death by dangerous driving. The had been seen driving erratically along the M6, when he veered onto the hard shoulder colliding with an unlit vehicle, killing the driver.
Held: Falling asleep at the wheel usually involves a period during which a driver is conscious of drowsiness and difficulty in keeping his or her eyes open. The proper course for a driver in such a position to adopt is to stop driving and rest.
Statutes: Criminal Justice Act 1988 36
Last Update: 03 November 2018
Ref: 158516
The post Attorney General’s Reference No 26 of 1999 Under Section 36 of Criminal Justice Act 1988; Regina v Gastinger: CACD 29 Jul 1999 appeared first on swarb.co.uk.
