Dewdney, R. v

For sentencing under section 1A of the Road Traffic Act 1988, the levels of offending in the guideline for causing death by dangerous driving may provide helpful guidance where no specific guideline exists. The statutory maximum requires compression between different forms of dangerous driving causing serious injury. The court should therefore identify a broad band of the most serious offending, rather than compare the case with the worst imaginable example.

Deliberate high-speed risk-taking, despite warnings, while impaired by drink and drugs, coupled with severe and continuing injuries, may demonstrate very high culpability and harm. It may justify a severe sentence within the range of the most serious offences even where the dangerous driving was not prolonged.

The applicant pleaded guilty at Norwich Crown Court to causing serious injury by dangerous driving, contrary to section 1A of the Road Traffic Act 1988, and admitted driving with excess alcohol. He had driven at speed over a humpback bridge after drinking, taking drugs and remaining awake all night. He ignored passengers’ warnings to slow down. His vehicle left the road and seriously injured all three passengers.

On 7 February 2014, the Crown Court imposed 32 months’ imprisonment for the dangerous-driving offence, with four months’ imprisonment concurrent for the excess-alcohol offence. It also disqualified him from driving for three years and until he passed an extended test.

A single judge refused leave to appeal against sentence. The applicant renewed the application, contending that the judge’s starting point of four years and six months was wrongly close to the five-year statutory maximum and that the sentence was manifestly excessive.

1. Disposition. The court refused the renewed application for leave to appeal against sentence. The sentence and driving disqualification were not manifestly excessive.
2. Section 1A of the Road Traffic Act 1988 was introduced to address the gap between dangerous driving and causing death by dangerous driving where dangerous driving caused serious and significant injury. There was no sentencing guideline specifically directed to the new offence. The court nevertheless considered it helpful to have regard to the Sentencing Guidelines Council guideline for causing death by dangerous driving and its three levels of dangerous driving.
3. The five-year maximum for the section 1A offence, compared with the higher maximum for causing death by dangerous driving, necessarily compresses the available range of sentences. The correct exercise is not to identify the worst imaginable case capable of attracting the maximum. It is to identify the broader band of conduct that amounts to the most serious offending within the offence.
4. The applicant’s driving was arguably in the upper part of Level 2, rather than Level 1, because it was not a prolonged course of very bad driving and did not involve gross impairment through drink or drugs. However, there was also a respectable argument that it fell within Level 1. He deliberately ignored road-safety rules, accelerated despite warnings, and drove at high speed over a blind humpback bridge while impaired by alcohol, drugs and fatigue.
5. The aggravating factors were substantial. They included previous motoring convictions, multiple serious injuries with continuing effects, and deliberate risk-taking. The applicant’s culpability and the harm caused were both very high. The sentencing judge was entitled to place the offence within the range of the most serious cases. The severe starting point of four years and six months was deservedly severe, and the judge had allowed for personal mitigation and the early guilty plea.

• Court of Appeal (Criminal Division): On a renewed application after refusal by a single judge, the court refused leave to appeal against sentence: [2014] EWCA Crim 1722.
• Norwich Crown Court: On 7 February 2014, the applicant was sentenced to 32 months’ imprisonment for causing serious injury by dangerous driving, with four months concurrent for excess alcohol, and was disqualified from driving for three years and until passing an extended test.