Livingston, R v

For serious deliberate interference with a heavy goods vehicle tachograph and speed-control equipment, the potential danger to life will ordinarily make an immediate custodial sentence appropriate. When fixing a driving disqualification, however, the court must ensure that the overall punishment is no greater than necessary. It may take account of the sentence already imposed, the automatic loss of the relevant heavy goods vehicle licence, applicable Traffic Commissioners’ guidance, and the public interest in the offender being able to work.

The appellant pleaded guilty to seven offences of falsifying tachograph records under the Transport Act 1968 and regulations made under it. He had deliberately disabled the recording equipment and the connected speed limiter on an articulated lorry carrying stone.

The South Worcestershire Magistrates committed him to the Crown Court for sentence. Worcester Crown Court imposed six months’ imprisonment, suspended for 18 months, community requirements, prosecution costs, and a three-year driving disqualification. The appellant challenged the length of that disqualification, particularly because he would automatically lose his heavy goods vehicle licence.

1. The appeal was allowed to a limited extent. The three-year driving disqualification was reduced to 12 months.

2. The offending was exceptionally serious. The appellant deliberately prevented the tachograph from recording speed, distance and driving hours, and disabled the connected speed limiter. Given the size, load and journey of the lorry, his conduct created a serious risk of fatal consequences. The court stated that offences of this gravity would ordinarily justify immediate custody. The suspended sentence imposed below was therefore lenient, and there was no basis to challenge it as excessive.

3. Nevertheless, the additional three-year disqualification produced a punishment greater than necessary. The court took account of the suspended custodial sentence and the automatic loss of the appellant’s heavy goods vehicle licence. It also had regard to the Traffic Commissioners’ Practice Directions of 25 April 2005 and the general public interest in enabling the appellant to obtain work rather than depend on the state.

4. Those considerations justified a substantial reduction, but not the removal, of the disqualification. The proper period was 12 months.

• Court of Appeal (Criminal Division): At [2008] EWCA Crim 789, allowed the appeal to the extent of reducing the driving disqualification from three years to 12 months.
• Crown Court at Worcester: Following committal by the South Worcestershire Magistrates, imposed six months’ imprisonment suspended for 18 months, community requirements, prosecution costs, and a three-year driving disqualification.
• South Worcestershire Magistrates: Committed the appellant to the Crown Court for sentence after guilty pleas to seven offences of falsifying records.