Sentencing guidelines - Road Traffic Offences

14 results

27 January 2025

The King v Noel David Quigley

Appeal of a three year sentence with leave of the single judge – attempted wounding with intent to cause GBH – AOABH – offences committed against a police officer – key issue was whether the court should have reduced culpability on the basis of mental health difficulties - the general principle that a deterrent sentence not only enhances the appropriate starting point, it diminishes the impact of personal circumstances is not a rigid, inflexible rule (paragraph [33]) - court endorsed the approach in R v Doran [1995] NIJB 75 that mental illness is not an automatic reason for reducing the sentence imposed for a criminal offence and each case must be assessed on its facts (paras [39] – [42]) – judge correct to find that there could be no reduction in culpability – high culpability – low harm – suspended sentence not appropriate despite rehabilitative efforts – three year sentence approved - appeal dismissed.

[2025] NICA 6 Keegan LCJ

22 November 2024

King v Thomasena Byrne

GENERAL

1. Deterrence means discouraging the offender before the court, and others, from committing offences of the kind in question and/or more generally: paras [8] – [9]

2. Every sentence has an inbuilt element of deterrence (the concept of “general deterrence”): paras [8] – [9] & [11]

3. In some cases the sentencing court may decide that deterrence of the offender and/or the public, in the sense explained in [1] above, requires particular emphasis, the consequence being that a punishment more punitive than would otherwise be merited may follow (the concept of “particular deterrence” / an “expressly deterrent sentence”): paras [11] – [13]

4. In cases belonging to the latter category, adherence to the guidance in QWL paras [102] – [103] is essential: para [14]

5. Where sentencing guidelines decisions of the NICOA incorporate an element of specific (as distinct from general) deterrence, the sentencing court must avoid double counting.

6. “ … an offender’s personal circumstances will rarely qualify to be accorded much weight, particularly in a context where a deterrent sentence is required.” (para [18] quoting QWL para [98] )

THIS CASE

7. In the fact specific context of this case. First, per para [21]

“ … the judge’s approach to the issue of personal mitigation was in substance one of applying an absolute rule and, hence, not compatible with the principles expounded above, in a context of having erroneously declared this to be a case requiring deterrence, without more. The judge should have approached the issue of personal mitigation more flexibly and, having done so, explained the weight which he had determined to allocate to it. The impugned sentencing decision is not to this effect. Furthermore, the judge’s decision is not in accordance with the QWL guidance at paras [102]–[103].”
This passage identifies two material judicial errors. The first error entailed a judicial failure to recognise that the general rule in play viz the need for a deterrent sentence normally entails attributing little weight to personal mitigation factors is not absolute in nature.

8. Second, per para [22]: The COA was influenced by the newly admitted evidence.

[2024] NICA 75 McCloskey LJ

05 November 2024

King v Vladimar Kovac

The Court of Appeal provides assistance to sentencing judges on the imposition of an interim driving disqualification after conviction and pre-sentence at paragraphs [23] – [26]. The Court of Appeal recommends that in cases of this nature (causing death by dangerous driving where a mandatory disqualification applies) an interim disqualification should be imposed post-conviction. The court also points out that prior to a plea of guilty a court considering bail may also impose restrictions upon driving depending on the circumstances of a particular case.

Appeal with leave of the single judge in respect of a nine and a half year sentence and 10 year driving disqualification – death by dangerous driving – whether both aspects of the sentence were manifestly excessive – guideline case of R v McCartney [2007] NICA 41 applied – exceptionally bad example of dangerous driving – fell into most serious culpability bracket – high harm – both aspects of the sentence held to be within the appropriate range – appeal dismissed.

[2024] NICA 72 Keegan LCJ

01 December 2022

The King v Laura Adair

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.

[2022] NICA 68 McCloskey LJ

17 January 2019

THE QUEEN v PAUL HOLYWOOD

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

[2019] NICA 28 Huddleston J , Morgan LCJ , Stephens LJ

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

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