Richardson & Ors, R v

An increase in the statutory maximum sentence requires sentencing guidance to be reconsidered. It principally permits substantially longer sentences for offences of the greatest gravity, but also justifies a proportionate increase in the bands immediately below. The increase is not to be translated into a mathematical uplift across all cases.

For causing death by dangerous driving, revised starting ranges are determined by culpability and aggravating features. For causing death by careless driving while under the influence of drink or drugs, the alcohol level and the actual quality of driving must both be assessed. A timely guilty plea is discounted only after the court reaches a preliminary sentence, so that mitigation is not counted twice.

Six conjoined appeals and applications concerned sentences for causing death by dangerous driving or causing death by careless driving while over the prescribed drink-drive limit. They raised common questions about the effect of section 285 of the Criminal Justice Act 2003, which increased the maximum sentence from 10 to 14 years' imprisonment.

The court reconsidered the sentencing guidance in Cooksley, including the relationship between dangerous driving and careless driving while impaired by drink or drugs. It then determined the individual challenges to sentence from the Crown Courts at Exeter, Stafford, Reading, Liverpool and Hereford, and from a general Court Martial.

The central issue was whether the increased maximum affected only the gravest cases or required adjusted sentencing ranges across the full scale of culpability.

1. The court allowed Poel's appeal and substituted two years' imprisonment for three years. It dismissed Richardson's and Robertson's appeals, and refused the applications of Sheppard, Abery and Little.

2. The increase in the maximum sentence effected by section 285 of the Criminal Justice Act 2003 was principally directed to offences of the greatest gravity. It permits a sentence at, or in an appropriate case above, the former maximum of 10 years. It does not require a mathematical increase throughout the range. Nevertheless, proportionality requires a corresponding, though reducing, increase in sentences below the very gravest cases. At the lowest levels, existing guidance may still be appropriate and exceptional cases may justify a shorter or non-custodial sentence.

3. The court retained the four-band structure of Cooksley but revised the starting ranges for causing death by dangerous driving: no aggravating circumstances, 12 months to two years; intermediate culpability, two to four and a half years; higher culpability, four and a half to seven years; and most serious culpability, seven to 14 years. Sentencers must avoid double counting by using the same aggravating feature both to select a band and to increase sentence within it.

4. Driving while impaired by drink or drugs is itself seriously culpable and, when death results, is equated in culpability terms with causing death by dangerous driving. The actual standard of driving must nevertheless be assessed. Careless driving without impairment is markedly less culpable than dangerous driving. Where alcohol is only just above the limit and the driving is otherwise careless, the case will normally be in the lowest band. Around twice the limit ordinarily places it in the intermediate band, while substantially higher levels will commonly coincide with dangerous driving and higher culpability.

5. Under section 143(1), seriousness depends on culpability and actual, intended or foreseeable harm. A guilty-plea reduction is applied after the preliminary sentence has been fixed. Positive action to assist victims at the scene may be mitigating, although merely remaining there is not.

• Court of Appeal (Criminal Division): Conjoined sentencing appeals and applications determined in [2006] EWCA Crim 3186. Poel's appeal was allowed and his sentence varied; the remaining challenges were dismissed or refused.

• Crown Court at Exeter: Richardson was sentenced for causing death by careless driving while over the prescribed limit; appeal dismissed.

• Crown Court at Stafford: Sheppard was sentenced for the same offence; application for leave to appeal refused.

• Crown Court at Reading: Abery was sentenced for causing death by dangerous driving; application for leave to appeal refused.

• Crown Court at Liverpool: Little was sentenced for causing death by careless driving while over the prescribed limit; application for leave to appeal refused.

• Crown Court at Hereford: Poel was sentenced for causing death by dangerous driving; appeal allowed and sentence reduced.

• General Court Martial: Robertson was sentenced for causing death by careless driving while under the influence of drink; appeal dismissed.