Driving Offences Involving Fatality

The Law

Causing death by driving is divided into four offences. These are:
• Causing death by dangerous driving; The offence of causing death by dangerous driving is committed under Section 1 of the Road Traffic Act 1988 and is committed when a person’s driving is a cause or factor in the death of another person and the driving was dangerous.
What is Dangerous Driving? According to section 2A of the Road Traffic Act 1988, dangerous driving is committed when a person’s driving falls far below the standard expected of a competent and careful driver and it would be obvious that driving in that way would be dangerous.
There is no definite list of what constitutes dangerous driving but the courts recognise examples such as:- Driving aggressively or racing;- Overtaking in an unsafe manner – particularly undertaking;- Knowingly driving an unsafe vehicle;- Being distracted whilst driving e.g. reading a map, smoking, eating, drinking, driving while using a mobile phone or an mp3 player; and,- Ignoring traffic signs and signals
• Causing death by careless driving when under the influence of drink or drugs; The offence of causing death by careless driving when under the influence of drink or drugs under Section 3A of the Road Traffic Act 1988 is defined as being committed when a mechanically propelled motor vehicle is driven on a road or other public place and:- The driving has caused the death of another person;- The driving was without due care and attention or without reasonable consideration for other road users; and- The driver is either unfit through drink or drugs, or the alcohol concentration is over the prescribed limited, or there has been a failure to provide a specimen.
• Causing death by careless or inconsiderate driving;The offence of causing death by careless driving is committed under Section 2B of the Road Traffic Act 1988 when a persons driving is a cause or factor in the death of another person and the driving was careless.
What is Careless Driving?Careless driving is defined by law in Section 3ZA of the Road Traffic Act 1988 - Driving which falls below what would be expected of a competent and careful driver.
What is Inconsiderate Driving?Section 3ZA(4) of the Road Traffic Act 1988 defines inconsiderate driving - A person is to be regarded as driving without reasonable consideration for other persons if those other persons are inconvenienced by their driving. Again, the standard of driving must fall below what would be expected of a competent and careful driver.
• Causing death by driving: unlicensed, disqualified or uninsured driversThe offence of causing death by driving while unlicensed or uninsured under section 3ZB RTA 1988 is committed when the suspect causes the death of another person by driving a motor vehicle on a road and, at the time of driving, one of the following offences is being committed:- Section 87(1) RTA 1988 (driving otherwise than in accordance with a licence).- Section 143 RTA 1988 (using motor vehicle while uninsured or unsecured against third party risks).

WHAT IS THE SENTENCE/PENALTY FOR DRIVING OFFENCES INVOLVING DEATH?
Each case is different and dealt with according to its own circumstances. Our solicitors have been representing clients for over 20 years for death by dangerous, careless or inconsiderate driving, drink or drugs driving, unlicensed, disqualified, and uninsured driving related offences. We will be able to advise you of your likely sentence according to the circumstances of the offence and your personal circumstances. We will assess the prosecution evidence and take your full instructions on the matter to help us clearly advise you so that you are fully prepared and do not have the anxious wait for the unknown at court.
The main factor that varies between the offences is how much the offender is to blame. The court takes into the level of culpability. For Dangerous Driving the standard of the offender’s driving will have been so bad as to have created an obvious risk of danger. In cases of Careless Driving however the level of blame can vary enormously from being on the borderline of dangerous driving to as little as misjudging the speed of another vehicle or momentary inattention while tuning a car radio. Where the driver is under the influence of drink or drugs this further increases the level of blame. In cases of driving while unlicensed, disqualified or uninsured the blame arises from driving when not being allowed to do so.
When deciding on a sentence, because the harm caused by any offence that results in a person’s death is immeasurable, the court weights up the enormous harm of a loss of life with the seriousness of the act or omission of the offender who caused it.
The judge or magistrates will decide the appropriate sentence by taking into account the facts of the case and applying the relevant sentencing guidelines. For these four offences five factors should be used to determine the offence seriousness:
• Awareness of risk
• Effect of alcohol or drugs
• Inappropriate speed of vehicle
• Seriously culpable behaviour of offender
• Victim.

The judge or magistrates will also consider aggravating and mitigating factors:

• How responsible the offender was for what happened. This includes actions of others, such as the victim or third-party contributions to the commission of the offence;
• Other offences committed at the same time such as driving a stolen vehicle or failing to stop;
• The serious harm caused by the offence, including whether more than one person was killed or injured;
• Whether the offender was seriously injured or was a close friend or relative of the victim; and
• The circumstances and history of the offender, such as previous convictions or previous good character, giving assistance at the scene and remorse.

The maximum prison sentence the court can impose for causing death by dangerous driving or careless driving under the influence of drink or drugs is 14 years; for causing death by careless or inconsiderate driving it is five years; and for causing death by driving whilst unlicensed, disqualified or uninsured it is two years. The maximum sentence is reserved for rare cases where blame is exceptionally high.
For some offences of causing death by careless or inconsiderate driving or causing death by driving whilst unlicensed, disqualified or uninsured where the offender is not considered to pose a danger of re-offending and the level of fault is low, a community sentence may be deemed a more effective form of punishment and rehabilitation than imprisonment. In some cases where the level of fault is very low the offender may be fined.
If the offender pleads guilty the sentence will be reduced by up to one third depending on how early the plea was made. All sentences will include a minimum period of disqualification from driving followed by:
• A compulsory extended re-test for causing death by dangerous driving or careless driving while under the influence of drink or drugs; or
• A discretionary re-test for causing death by careless driving or while unlicensed, disqualified or uninsured.
The disqualification period runs from the sentencing, or enforcement if earlier (not from when an offender is released from prison).
Lucinda Dore Death by Dangerous Driving Solicitors are highly experienced at mitigating a sentence for our clients – we will always strive to achieve the best outcome for you and our reputation proves our success at achieving this. We will advocate for you in court and robustly persuade the court to impose the most lenient sentence for you. In some circumstances we may be able to persuade the court to impose a non-custodial sentence or a suspended prison sentence (this means that you will not serve any time in prison provided you comply with court-imposed conditions).