Morris, R v

In sentencing for causing death by careless driving, the length of driving disqualification must be assessed as part of the sentence and ancillary orders as a whole. Disqualification primarily protects the public from future driving risk, but it may also punish. A court may impose a period above the statutory minimum where the offence is serious and the offender’s continued failure to recognise fault, together with subsequent motoring offending, supports concern about future driving. An extended driving test does not prevent a longer disqualification where those considerations justify it.

The appellant was convicted in the Crown Court at Chester of causing death by careless driving after he drove into a stationary vehicle on the M6. One passenger died and another sustained serious injury.

He received a 12-month community order, a two-year driving disqualification, and a requirement to pass an extended driving test before driving again. He appealed only against the length of disqualification, contending that it was manifestly excessive given his prior good character and driving record.

The central issue was whether the two-year period should be reduced, particularly in light of the extended driving test requirement.

1. The appeal was dismissed. The two-year disqualification was not manifestly excessive.

2. The court accepted the approach stated in R v Geale [2013] 2 Cr App R(S) 17. The principal purpose of disqualification is public protection, although it may also punish. Its length must be considered in the context of the whole sentence and the ancillary orders. The appellant could not rely on the circumstances of Geale, since he had shown no special pressing need to resume driving.

3. The sentencing judge was entitled to treat the offence as serious. The stationary vehicle was an unexpected motorway hazard, but it was visible with hazard lights operating and other drivers avoided it. The appellant failed to observe it despite having seen the matrix signs and was travelling at an estimated 60 to 70 miles per hour on impact.

4. The judge was also entitled to regard the appellant’s continued refusal to accept responsibility as relevant to future driving risk. His two later speeding offences further undermined reliance on his formerly clean driving record. Those matters justified a disqualification above the mandatory 12-month minimum as both protection and punishment. The extended driving test requirement did not require a shorter period.

• Court of Appeal (Criminal Division) — dismissed the sentence appeal and upheld the two-year driving disqualification: [2017] EWCA Crim 966.
• Crown Court at Chester — convicted the appellant on 30 June 2016 of causing death by careless driving and, on 1 August 2016, imposed a community order, a two-year disqualification, and an extended driving test requirement.