causing death by dangerous driving
For causing death by dangerous
driving offences, the maximum penalty is 14 years custody with
a mandatory minimum disqualification of two years with
compulsory extended re-test.
The two determinants of sentence are:
- seriousness of the offence (levels one - three)
- additional aggravating factors
seriousness of the offence
Examples of each level include:
Level one - prolonged,
persistent, deliberate course of very bad driving and/or
substantial amounts of alcohol
Level two - greatly excessive
speed, grossly unavoidable distraction (sending text message) and
driving whilst ability to drive is impaired
Level three - driving above
the speed limit, dangerous defect with the vehicle, driving whilst
avoidably distracted and failing to have regard to vulnerable road
users
You could receive the following penalties:
| Nature of offence |
Starting point for penalty: |
Range of penalty: |
| Most serious offences including a deliberate decision to
flout the laws of the road and disregard for great
danger |
Eight years custody |
Seven - fourteen years custody |
| Substantial risk of danger |
Five years custody |
Four – seven years custody |
| Significant risk of danger |
Three years custody |
Two - five years custody |
aggravating factors
The list below outlines the factors that can
increase your penalties:
- previous convictions for motoring offences
- more than one person killed
- serious injury to one or more victims
- disregard of warnings
- other offences committed at the same time
- driver irresponsible behaviour after the accident
- driving off in an attempt to ignore detection
mitigating factors
The list below outlines the factors that can
decrease your penalties:
- alcohol consumed unwittingly
- offender seriously injured
- victim close friend/relative
- actions of victim contributed significantly to the likelihood
of a collision occurring and/or death resulting
- driving in response to a genuine emergency falling short
of a defence