Sentencing Guidelines - Road Traffic Offences

18 judgments

09 January 2017

R v David Lee Stewart, DPP Ref (No 1 of 2016)

Reference by DPP under s. 36 of the Criminal Justice Act 1988 - causing death by dangerous driving plus dangerous driving, failing to provide a specimen, failing to stop and failing to remain contrary to the Road Traffic (NI) Order 1995 - 7 year sentence (3 1/2 in custody and 3 1/2 on licence) - whether starting point too low - whether consecutive sentences required - whether too great a discount for plea - whether mitigation too generous - reaffirmation that all aggravating and mitigating factors to be considered first in arriving at starting point before giving discount for plea - personal mitigation less relevant in deterrent sentence - allowing for double jeopardy sentence of 9 years (4 1/2 plus 4 1/2) substituted.

[2017] NICA 1
Morgan LCJ
26 May 2016

R v Patricia McKeown

Appeal of part of sentence - causing grievous bodily injury by driving without due care and attention or without reasonable consideration - whether judge correct to impose three year disqualification - whether judge correct to impose extended driving test requirement - appeal allowed - disqualification period of 12 months substituted - requirement for extended driving test removed.

2016 NICA 24
Keegan J
31 January 2014

R v Patricia McGrade

Application for leave to appeal against sentence – careless driving causing death having consumed excess alcohol – 3 years’ determinate custodial sentence – 18 months’ custody/18 months’ licence – level of consumption of alcohol aggravating factor – leave refused.

[2014] NICA 8
Morgan LCJ
27 June 2013

R v Kevin Brannigan DPP's Ref (No.7 of 2013)

Causing GBI by careless driving – dangerous driving – perverting the course of justice – almost invariably requires immediate consecutive sentence – suspended sentences inappropriate in this case – sentencers need to consider whether exceptional circumstances exists in serious offending before suspending.

[2013] NICA 39
Morgan LCJ
27 February 2013

R v Michael Berry. DPP Ref (No. 5 of 2012)

DPP reference from sentence of 18 months imprisonment suspended for 3 years, a fine of £50,000 and disqualification from driving for 5 years - causing grievous bodily injury by dangerous driving – whether sentence unduly lenient - limited but relevant criminal record consisting of road traffic offences – mitigating circumstances surrounding employment – reference allowed and sentence of 12 months’ imprisonment substituted.

[2013] NICA 9
Morgan LCJ
16 December 2011

R v James John Stewart Caswell

Causing grievous bodily injury by dangerous driving – need for sentencing court to establish factual basis of plea – proper approach to use of Guidelines – culpability rarely judged by consequence being serious injury rather than death.

[2011] NICA 71
Morgan LCJ
26 March 2010

R v Conrad Trafford Doole

Causing death by careless driving - Article 11A, Road Traffic (NI) Order 1995 - first guidance - assistance from Sentencing Guidelines Council Guideline.

[2010] NICA 11
Morgan LCJ
16 July 2008

R V Christopher McGinn. AG Ref (No. 2 of 2008)

Death by dangerous driving - youth of driver - mitigation.

[2008] NICA 40
Kerr LCJ
26 October 2007

R v Thomas Anthony McCartney

Appeal against sentence - causing grievous bodily injury by dangerous driving, causing death by dangerous driving, no insurance.

[2007] NICA 41
Kerr LCJ
21 December 2004

R V David Anthony McElhone

Death by dangerous driving - youth of driver - mitigation.

[2004] NICA 46
Kerr LCJ
11 July 2003

AG for NI (no 2 of 2003) (Gavin James Robinson) AG for NI (no 6 of 2003) (Graeme Humphreys) AG for NI (no 7 of 2003) (Colm Peter McGuone) AG for NI (no 8 of 2003) (Dean Noel James)

Sentence imposed by the court was unduly lenient - causing death by dangerous driving - causing grievous bodily injury by dangerous driving - causing death by careless driving when under the influence of drink.

[2003] NICA 28
Carswell LCJ
19 June 1998

Attorney General's Reference (No 1 of 1998) (McElwee)

Unduly lenient sentence - dangerous driving causing grievous bodily harm; driving without insurance; driving whilst disqualified; and drink driving - previous bad record of driving offences - whether right to make a custody probation order - guidance of use of this sentencing power.

[1998] NIJB 64
Carswell LCJ
24 April 1998

R v Seamus Gerard Mullan

Causing death by careless driving when under influence of drink - salient factors to the extent of the carelessness - "hit and run" accident - plea of guilty.

Mullan 240498
MacDermott LJ
16 March 1998

R v McShane

Dangerous driving and driving whilst disqualified - discount for guilty plea - when maximum sentence may be imposed on a guilty plea.

[1998] NIJB 64
Kerr J
13 February 1998

R v Sloan

Dangerous driving - causing death or grievous bodily harm - circumstances aggravating offence and circumstances mitigating offence - length of appropriate custodial sentence.

[1998] NI 58
MacDermott LJ
11 September 1997

R v McCullagh

Driving whilst disqualified and dangerous driving - young offender - consecutive sentences - disqualification from driving for life.

CARSWELL LCJ11 JULY 1997
Carswell LCJ
14 June 1996

R v Boyd

Theft of car; driving whilst uninsured and disqualified; and reckless driving - "joyrider" - deterrent sentence - offence charged under Theft Act.

MACDERMOTT LJ14 JUNE 1996
MacDermott LJ
09 September 1992

R v Stephen McMullan

Taking motor vehicle without owner's consent; criminal damage; reckless driving; driving whilst uninsured and disqualified - "joyrider" - concurrent and consecutive sentences and operation of previously imposed suspended sentence.

McMullan 090992
Hutton LCJ