Mills, R. v

A causing-death-by-dangerous-driving offence may properly be placed in the highest sentencing category where the driving shows a deliberate and flagrant disregard of road rules and an apparent disregard of the grave danger to others. Relevant features include a prolonged and deliberate course of very bad driving, greatly excessive speed, racing, aggressive manoeuvres, undertaking and the nature of the road environment. The sentencing judge must assess the combination of those factors. An appellate court will not interfere where the category assessment was within the judge’s proper sentencing judgment and accorded with the Sentencing Guidelines.

The applicant pleaded guilty in the Crown Court at Wolverhampton to causing death by dangerous driving. While racing another vehicle on a 40 mph urban dual carriageway, he drove at greatly excessive speed, undertook and overtook other vehicles, and collided with a car turning across his carriageway. A passenger in that car suffered fatal injuries.

The sentencing judge treated the offence as level 1 and imposed five years and four months’ imprisonment, with a driving disqualification. The applicant renewed his application for leave to appeal against sentence. He contended that the intermittent nature of the racing meant that the offence should have been assessed at level 2.

1. The renewed application for leave to appeal against sentence was refused. The single judge had been correct to refuse leave, because the sentencing judge’s classification of the offence as level 1 was within the proper exercise of sentencing judgment and was clearly consistent with the Sentencing Guidelines.

2. Level 1 covers the most serious offending, including deliberate decisions to ignore, or flagrant disregard for, road rules and an apparent disregard for the great danger caused to others. The assessment requires consideration of the relevant circumstances as a whole. Factors increasing seriousness include a prolonged, persistent and deliberate course of very bad driving, greatly excessive speed, racing or competitive driving, aggressive driving, inappropriate overtaking or cutting in, and the character of the road and its users.

3. Those features were present cumulatively. The applicant raced another car over a substantial distance, travelled at an average speed of about 73 mph in a 40 mph limit, undertook and overtook other traffic, and drove aggressively on an urban road where ordinary road users might properly be expected. The judge was entitled to regard the driving as persistent despite the submission that the racing was intermittent.

4. The judge had also taken account of the applicant’s guilty plea and other mitigation. Starting from eight years’ imprisonment for a level 1 offence and reducing the sentence to five years and four months disclosed no arguable error.

• Court of Appeal (Criminal Division): Refused the renewed application for leave to appeal against sentence, leaving the Crown Court sentence undisturbed.

• Crown Court at Wolverhampton: Following a guilty plea to causing death by dangerous driving, classified the offence as level 1 and imposed five years and four months’ imprisonment, with disqualification from driving for nine years and eight months and until an extended re-test was passed.