Causing Death By Dangerous Driving - Sentencing

Sentencing

A person convicted of causing death by dangerous driving is liable to imprisonment for a term not exceeding fourteen years. Disqualification for a minimum of two years is obligatory on conviction. Endorsement is obligatory on conviction. The offence carries three to eleven penalty points (when the defendant is exceptionally not disqualified).

The Court of Appeal in R v Cooksley and others gave guidelines for cases where death is caused by dangerous driving. In R v Richardson the Court of Appeal reassessed the starting point set out in R v Cooksley taking into consideration the increase in the maximum penalty. The relevant starting points identified in Cooksley should be reassessed as follows:

i) No aggravating circumstances – twelve months to two years' imprisonment (previously 18 months);

ii) Intermediate culpability - two to four and a half years' imprisonment (previously 3 years);

iii) Higher culpability – four and a half to seven years' imprisonment (previously 5 years);

iv) Most serious culpability – seven to fourteen years' imprisonment (previous starting point of 6 years).

When a court disqualifies a person for causing death by dangerous driving, it must order an extended retest.