Richardson & Ors, R v [2006] EWCA Crim 3186 (18 December 2006)

Richardson & Ors, R v [2006] EWCA Crim 3186 (18 December 2006)

The increase in maximum sentences for causing death by dangerous driving and causing death by careless driving under the influence of drink or drugs under s285 Criminal Justice Act 2003 primarily targets the most serious cases, but requires some upward adjustment across the sentencing range. The Cooksley guidelines are to be revised upwards, with new ranges specified for levels of culpability. Sentencing must continue to focus on culpability and harm, and the offences of causing death by dangerous driving and by careless driving under the influence are to be treated as equally serious for sentencing purposes, though future legislative changes may require further distinction.

Citation
[2006] EWCA Crim 3186
Parties
Prosecution: R; Appellant: Richardson; Appellant: Sheppard; Appellant: Abery; Appellant: Little; Appellant: Poel; Appellant: Robertson
Jurisdiction
England and Wales
Judgment Date
18 December 2006
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeals dismissed; applications for leave to appeal refused
Legal Topics
Causing Death by Dangerous Driving, Causing Death by Careless Driving Under the Influence, Sentencing Guidelines, Impact of Statutory Maximum Sentences, Aggravating and Mitigating Factors
Criminal Law Sentencing Causing Death by Dangerous Driving Causing Death by Careless Driving Under the Influence Sentencing Guidelines Impact of Statutory Maximum Sentences Aggravating and Mitigating Factors

Case Brief

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Parties

R

Prosecution

Richardson

Appellant

Sheppard

Appellant

Abery

Appellant

Little

Appellant

Poel

Appellant

Robertson

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the increase in maximum sentences under s285 Criminal Justice Act 2003 should lead to increased sentences across all levels of seriousness for causing death by dangerous/careless driving
  2. 2 How the statutory increase affects the Cooksley sentencing guidelines
  3. 3 Whether causing death by dangerous driving and causing death by careless driving under the influence should be treated identically for sentencing purposes

Ratio Decidendi

The increase in maximum sentences for causing death by dangerous driving and causing death by careless driving under the influence of drink or drugs under s285 Criminal Justice Act 2003 primarily targets the most serious cases, but requires some upward adjustment across the sentencing range. The Cooksley guidelines are to be revised upwards, with new ranges specified for levels of culpability. Sentencing must continue to focus on culpability and harm, and the offences of causing death by dangerous driving and by careless driving under the influence are to be treated as equally serious for sentencing purposes, though future legislative changes may require further distinction.

Court Disposition

Appeals dismissed; applications for leave to appeal refused

Orders

  • Sentences imposed by the Crown Courts are upheld
  • No adjustment to sentences for the appellants