References: Ind Summary 31-Jan-1994, Gazette 02-Feb-1994, Gazette 26-Jan-1994, [1994] 15 CAR (S) 640
Ratio: New sentencing guidelines were handed down for the offence of causing death by dangerous driving whilst driving with excess alcohol. The definition and sentence for the offence had been changed. Lord Taylor CJ: ‘Drivers who drive after taking alcohol should understand that in bad cases they will lose their liberty for upwards of five years and in the very worst cases, if contested, sentences will be in the higher range of those now permitted by Parliament.’ and ‘We wish to stress that human life cannot be restored, nor can its loss be measured by the length of a prison sentence. We recognise that no term of months or years imposed on the offender can reconcile the family of a diseased victim to their loss, nor will it cure their anguish.’ and ‘where a driver had driven with selfish disregard for the safety of other road users or of his passengers of with a degree of recklessness, instead of the appropriate sentence being 2 years or more, sentences of upwards of 5 years would be appropriate.’
This case cites:
- Reconsidered – Regina v Boswell CACD ([1984] 1 WLR 1047, [1984] 6 CAR 257)
The court gave guidelines for sentencing for the offence of causing death by reckless driving. . . - Cited – Regina v Pimm ([1994] RTR 391)
The offence of motor manslaughter is generally reserved for situations where on the facts there is a very high risk of the driving resulting in death. . . - Cited – Regina v Pettipher CACD ([1989] 11 CAR (S) 321)
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(This list may be incomplete)
Last Update: 05-Sep-16
Ref: 88016
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