Johnston, R. v [2006] NICC 10 (31 March 2006)
The defendant's knowledge of his medical condition and the risk of black-out when smoking, combined with the deaths of two children and injury to a third, placed the case in the intermediate culpability category, justifying a sentence of five years' imprisonment and ten years' disqualification from driving.
- Citation
- [2006] NICC 10
- Parties
- Prosecution: The Queen; Defendant: Wayne Johnston
- Jurisdiction
- Northern Ireland
- Judgment Date
- 31 March 2006
- Procedural Posture
- Criminal / Sentencing After Jury Conviction
- Outcome
- convicted and sentenced
- Legal Topics
- Dangerous Driving, Causing Death by Dangerous Driving, Sentencing Guidelines, Aggravating and Mitigating Factors
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
The Queen
Prosecution
Wayne Johnston
Defendant
Procedural Posture
Criminal / Sentencing After Jury Conviction
Legal Issues
- 1 Appropriate sentence for causing death by dangerous driving where defendant was aware of medical risk
- 2 Application of aggravating and mitigating factors in sentencing for dangerous driving causing death
Ratio Decidendi
The defendant's knowledge of his medical condition and the risk of black-out when smoking, combined with the deaths of two children and injury to a third, placed the case in the intermediate culpability category, justifying a sentence of five years' imprisonment and ten years' disqualification from driving.
Court Disposition
convicted and sentenced
Orders
- Five years' imprisonment on each count, sentences to run concurrently
- Disqualification from driving for ten years on each count, concurrent
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment