Landon, R. v

For sentencing for causing death by careless driving, a court may properly place the offending in the most serious guideline bracket where the driving falls at the cusp of dangerous driving. Grossly excessive speed on a wet, narrow, poorly lit and bendy road, familiar to the inexperienced driver, is a serious aggravating feature. The deaths of two passengers may also materially aggravate the sentence. A custodial sentence reached after accounting for youth, good character, remorse, an early guilty plea, inexperience, the driver’s own injuries and an external contribution to the accident will not be disturbed unless it is manifestly excessive or wrong in principle.

The appellant, aged 17 at the time, pleaded guilty at Cardiff Crown Court to two counts of causing death by careless driving. While travelling at 64 to 71 mph on a road subject to a 40 mph limit, his car entered standing water, became unstable and collided with a wall. His two 17-year-old passengers, who were close friends, died immediately.

The sentencing judge imposed concurrent terms of 20 months’ detention in a young offender institution. The appellant appealed on the basis that the sentence was manifestly excessive, relying on his youth, inexperience, remorse, injuries, guilty pleas and the contribution of the flooded road. The issue was whether the sentence was wrong in principle or manifestly excessive.

1. Appeal dismissed. The concurrent sentences of 20 months’ detention in a young offender institution were neither manifestly excessive nor wrong in principle.

2. The sentencing judge had approached the exercise carefully and consistently with the sentencing guidelines. He had taken account of all material mitigation: the appellant’s youth, previous good character, lack of driving experience, early guilty pleas, genuine remorse, serious injuries and the fact that the standing water had contributed to the accident.

3. The aggravating features nevertheless justified treating the offence as falling in the most serious guideline bracket. The appellant drove well above the speed limit on a wet, narrow, poorly lit and bendy road whose conditions were familiar to him. His driving was properly characterised as at the cusp between careless and dangerous driving.

4. The deaths of two passengers were a further serious aggravating feature. The tragic personal consequences for the appellant did not render the custodial sentence excessive when balanced against the culpability of his driving and its consequences.

• Court of Appeal (Criminal Division): Dismissed the appeal against concurrent sentences of 20 months’ detention in a young offender institution.

• Crown Court at Cardiff: His Honour Judge Bidder QC sentenced the appellant, following guilty pleas to two counts of causing death by careless driving, to concurrent terms of 20 months’ detention in a young offender institution.