Odedara, R v

For causing death by careless driving, the fatal harm makes the offence more serious than careless driving without a fatality. Sentence must nevertheless reflect the driver’s culpability. Where the driving consisted of momentary inattention, with no aggravating features, death alone does not justify immediate custody.

The assessment should focus on the nature of the driving error. A failure to see an oncoming vehicle will ordinarily be comparable to a misjudgment of its speed, unless its speed was such that a prudent driver could not have anticipated it. The appropriate sentence may be a punitive community order, even where the consequences were tragic.

The appellant pleaded guilty to causing death by careless driving after turning right into the path of an oncoming motorcycle. The motorcyclist died from the resulting collision. The appellant had failed to see the motorcycle, although it was there to be seen.

A sentencing judge imposed four months’ imprisonment, a two-year driving disqualification and an extended re-test requirement. The appeal concerned whether immediate custody was justified, or whether a community order or suspended sentence was appropriate.

1. The appeal was allowed. The four-month sentence of imprisonment was quashed and replaced by a community order requiring 100 hours’ unpaid work. The two-year disqualification and extended re-test requirement were proper and necessary orders.

2. Under Criminal Justice Act 2003, section 143(1), seriousness depends principally on culpability and harm. Causing death by careless driving entails grave harm, but the sentence must remain matched to the offender’s blameworthiness. The Sentencing Guidelines Council guidance expressly stated that death alone does not justify imprisonment where carelessness is low and there are no aggravating factors.

3. The appellant’s driving was a momentary failure of attention. He turned slowly without seeing a motorcycle that he should have seen. There was no speed, alcohol, other offending, poor driving history or deliberate false account. His eventual acceptance of responsibility, guilty plea and other mitigation further reduced the appropriate sentence.

4. It was not helpful to distinguish, in principle, between an unseen oncoming vehicle and one whose speed was misjudged. Both may be momentary fatal errors. The exception is where an observed vehicle travels much faster than a prudent driver could properly anticipate. Campbell [2009] EWCA Crim. 2459 was not identical on its facts, but likewise concerned momentary inattention and did not support custody.

• Court of Appeal (Criminal Division): Allowed the appeal against sentence in [2009] EWCA Crim 2828. It quashed the custodial sentence and substituted a community order with 100 hours’ unpaid work.
• Lower court: Following a guilty plea to causing death by careless driving, the sentencing judge imposed four months’ imprisonment, a two-year disqualification and an extended re-test requirement. The lower court citation is not stated in the judgment.