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Sentencing guidelines - Road Traffic Offences

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29 results

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

24 February 2023

King v Qing Wen Lin, Long Quang Lin Lin Zheng, Zhu Lin & Yang Wu Chen

Renewed application for leave to appeal sentence – money laundering operation – Proceeds of Crime Act 2022 – whether sentences manifestly excessive – applications to receive new material granted – principle of mercy applied to two mothers - Article 8 ECHR – the offender’s personal circumstances - judge erred in confining exceptional circumstances to the offending itself - disparity in sentencing – deterrent sentences – culpability – the aggravating factors contained highly prejudicial assertions not agreed or proven – prosecution portrayal of the roles and knowledge attributed to the appellants was inconsistent - roles/rankings which the judge attributed to certain appellants were neither agreed nor proven - leave granted – appeals allowed - sentences reduced.

Guidance in relation to the following sentencing principles can be found at paragraphs [86] – [110] - mercy in sentencing, Article 8 ECHR to include reference to R v Petherick [2013] 1 WLR 1102, exceptional circumstances, the offender’s personal circumstances, disparity in sentencing, deterrent sentences and culpability.

[2023] NICA 11 McCloskey LJ

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

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

09 January 2009

R v Alan Stewart

Offender one of three assailants - 'savage and unprovoked' attack on young man in Belfast City Centre - previous convictions showed 'propensity to random senseless violence' - victim suffering catastrophic injuries - CPO 14 years plus 1 (total: 15 years) on a contest.

[2009] NICA 4 Kerr 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

06 June 2003

R v Patrick Joseph Murdock

Disparity

[2003] NICA 21 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

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