Hussain, R v

For an adult convicted after trial of causing death by dangerous driving, where none of the recognised aggravating features is present, the appropriate custodial starting point is between 12 and 24 months. A sentence outside that range requires justification by the circumstances of the offending and offender.

A momentary failure to observe an approaching road user, by an offender of previous good character, may warrant a sentence towards the lower part of that range. The period of disqualification must also reflect the offender’s record and personal circumstances, while preserving any required extended retest.

The appellant, a private-hire driver of previous good character, was convicted at Aylesbury Crown Court of causing death by dangerous driving. He had pulled from a minor road into a junction governed by give-way signs and collided with a motorcyclist travelling on the main road. The motorcyclist died from his injuries.

The sentencing judge imposed 30 months’ imprisonment and a three-year driving disqualification, subject to an extended retest. The appellant appealed against sentence with leave of the single judge. The central issues were whether the custodial term accorded with the Court of Appeal’s sentencing guidance and whether the disqualification was excessive.

1. Appeal allowed. The court held that the sentencing judge had correctly found that none of the recognised aggravating features was present. The applicable guidance was that in an adult case following trial, and without such features, the custodial starting point was between 12 and 24 months.

2. The 30-month sentence was outside that bracket. The court applied the guidance in R v Cooksley and Others [2003] 2 Cr App R 18, as updated by R v Richardson [2007] 2 Cr App R(S) 36.

3. The offending consisted of momentary inattention and dangerousness. The appellant failed to see the motorcyclist when emerging from the minor road. His previously unblemished character was material. The appropriate custodial sentence was therefore 15 months’ imprisonment.

4. The three-year disqualification was also excessive. Having regard to the appellant’s unblemished record and the fact that driving was his livelihood, the court substituted a two-year disqualification. He was still required to pass an extended driving retest before driving again.

• Court of Appeal (Criminal Division)—Allowed the appeal against sentence in Hussain, R v [2008] EWCA Crim 467, substituting 15 months’ imprisonment and a two-year disqualification subject to an extended retest.

• Crown Court at Aylesbury—On 29 November 2007, convicted the appellant of causing death by dangerous driving and imposed 30 months’ imprisonment with a three-year disqualification, subject to an extended retest.