Archibald & Ors, R. v [2011] NICC 22 (12 May 2011)

Archibald & Ors, R. v [2011] NICC 22 (12 May 2011)

Given the defendant's low culpability, absence of aggravating factors, genuine remorse, and clear record, a custodial sentence is not appropriate; maximum community service and driving disqualification are imposed.

Citation
[2011] NICC 22
Parties
Prosecution: The Queen; Defendant: Alan Archibald; Victim: Mark Proctor
Jurisdiction
Northern Ireland
Judgment Date
12 May 2011
Procedural Posture
Criminal / Sentencing
Outcome
convicted
Legal Topics
Causing Death by Careless Driving, Sentencing Guidelines, Driving Disqualification
Criminal Law Road Traffic Law Causing Death by Careless Driving Sentencing Guidelines Driving Disqualification

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Parties

The Queen

Prosecution

Alan Archibald

Defendant

Mark Proctor

Victim

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for causing death by careless driving
  2. 2 Assessment of culpability in road traffic fatality
  3. 3 Application of sentencing guidelines for low culpability

Ratio Decidendi

Given the defendant's low culpability, absence of aggravating factors, genuine remorse, and clear record, a custodial sentence is not appropriate; maximum community service and driving disqualification are imposed.

Court Disposition

convicted

Orders

  • 240 hours community service
  • disqualified from driving for 12 months until tested