Andronache, R. v

In sentencing for causing serious injury by dangerous driving, the causing-death guideline is a useful reference point, but individual cases remain fact-specific and are not guideline authorities. The five-year statutory maximum necessarily compresses the available sentencing range, particularly at its upper end. Seriousness is assessed by the level of risk and the manner and consequences of the driving, including the number and severity of injuries and aggravating licensing circumstances. Driving involving greatly excessive speed, loss of control, pedestrians and two seriously injured victims may properly fall within Level 2 of the analogous guideline and justify a substantial custodial starting point. A sentence is not manifestly excessive where the aggravating features and limited mitigation support it.

This was an appeal against sentence following convictions in the Crown Court at Peterborough. The appellant had pleaded guilty to two offences contrary to section 1A of the Road Traffic Act 1988, causing serious injury by dangerous driving, and had received a three-year sentence on the lead count, with a concurrent 12-month sentence on the other count. He was also disqualified from driving and received no separate penalty for driving otherwise than in accordance with a licence under section 87 of the Act.

The sole issue was whether the pre-credit starting point of three years and nine months was manifestly excessive. A further proposed ground, that the sentence should be suspended, was not renewed.

The appeal against sentence was dismissed. The sentence of three years’ imprisonment, following 20 per cent credit for guilty pleas, was not manifestly excessive.

1. The court considered the authorities on sentencing for causing serious injury by dangerous driving. R v Dewdney [2014] EWCA Crim 1722, reported at [2015] 1 Cr.App.R (S) 5, confirmed that it was helpful to have regard to the guideline for causing death by dangerous driving. However, the authorities were examples rather than guideline cases, and each case turned on its own facts. Because the offence carried a five-year maximum, compression or bunching of sentences at the upper end was inevitable.
2. The offending was not Level 3. It was plainly within Level 2 because the driving created a substantial rather than merely significant risk. The appellant accelerated at greatly excessive speed, lost control, crossed the road and struck parked vehicles and pedestrians. The analogous Level 2 guideline, where a single death was caused, had a five-year starting point and a range of four to seven years. The court used that comparison subject to the statutory maximum for the present offence.
3. The aggravating features were particularly serious. There were two victims, one suffering life-changing injuries. The appellant was driving on a provisional licence without a qualified supervisor and without L-plates. The driving occurred among pedestrians and vehicles at a busy time as factory shifts changed. The court regarded the case as very bad of its kind.
4. Good character, remorse and the appellant’s personal and family circumstances provided limited mitigation. They did not make the three-year-nine-month starting point manifestly excessive. The appeal was therefore dismissed.

• Court of Appeal (Criminal Division): On 9 February 2021, dismissed the appeal against sentence in [2021] EWCA Crim 204.
• Crown Court at Peterborough: On 16 September 2020, imposed three years’ imprisonment on the lead count, a concurrent 12-month sentence on the second count, driving disqualification for 54 months and until an extended test was passed, and no separate penalty for the additional offences.