Watson, R v

In sentencing for causing death by dangerous driving, the guideline seriousness factors are illustrative. Greatly excessive speed, deliberate showing off, disregard of warnings and dangerous control of a powerful vehicle may justify classification as a level 2 offence.

However, aggravating features used to place an offence in a higher guideline category should not be double counted when fixing the sentence within that category. The court must balance all aggravating and mitigating circumstances, including a close relationship with the deceased and serious lasting injury to the offender.

The appellant was convicted at Leicester Crown Court of causing death by dangerous driving after losing control of a powerful car on an unlit country-road bend and colliding with an oncoming vehicle. Her partner, who was a passenger, died. The other driver and a rear passenger were injured.

The sentencing judge imposed five and a half years’ imprisonment, disqualification for the same period and an extended re-test. The appellant accepted that the driving merited substantial custody but contended that the mitigating features justified a lower sentence. The central issue was whether the judge had set the custodial term too high after placing the offence in guideline level 2.

Appeal allowed to the extent of reducing the sentence.

1. The court held that the judge was entitled to classify the offence as a level 2 case under the Definitive Sentencing Guidelines. The guideline factors were illustrative. The appellant’s prolonged excessive speed, weaving, showing off, disregard of a warning to slow down, and loss of control on an unfamiliar unlit bend justified the conclusion that her driving created a substantial risk of danger.

2. The court nevertheless stressed that aggravating features which justify placing an offence in a higher guideline category must not then be double counted when setting the sentence within that category. The judge may take account of further significant aggravation, including serious injury to other victims, but must avoid using the same category-defining factors twice.

3. The court balanced the aggravating circumstances against the appellant’s mitigation. That mitigation included her close relationship with the deceased, genuine remorse, and severe injuries from the collision which would cause lifelong disability and pain. The resulting sentence did not merit a term above the level 2 starting point of five years.

4. The sentence of five and a half years’ imprisonment was quashed and replaced with a sentence of four and a half years’ imprisonment. The appeal was allowed to that extent only.

• Court of Appeal (Criminal Division): Allowed the sentence appeal in part and substituted four and a half years’ imprisonment for five and a half years: [2009] EWCA Crim 1088.
• Crown Court at Leicester: On 22 September 2008, convicted the appellant of causing death by dangerous driving. On 17 October 2008, imposed five and a half years’ imprisonment, driving disqualification and an extended re-test.