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Death by careless driving – struck and fatally wounded pedestrian on pedestrian crossing - whether 12-month sentence manifestly excessive - whether trial judge made an error of double counting – court confirmed R v Doole [2010] NICA 11 remains the leading sentencing guideline case in relation to death by careless driving - appeal dismissed.
appeal from part of sentence which disqualified appellant from driving for period of 4 years - causing grievous bodily injury by driving carelessly when unfit to drive through drink or drugs and driving while unfit through drink or drugs - whether length of disqualification wrong in principle, manifestly excessive and failed to take into account appellant’s reliance on ability to drive to return to employment – appeal allowed
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
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
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
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
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
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
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
Death by dangerous driving - youth of driver - mitigation.
[2008] NICA 40 Kerr LCJ
Appeal against sentence - causing grievous bodily injury by dangerous driving, causing death by dangerous driving, no insurance.
[2007] NICA 41 Kerr LCJ
Death by dangerous driving - youth of driver - mitigation.
[2004] NICA 46 Kerr LCJ
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
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
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
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
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
Driving whilst disqualified and dangerous driving - young offender - consecutive sentences - disqualification from driving for life.
CARSWELL LCJ11 JULY 1997 Carswell LCJ
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
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