Liverpool Crown Court sees a tragic number of death by dangerous driving cases come through its doors, and they are often complex and lengthy to prosecute.
Many members of the public may see a sentence for a defendant who has caused death by driving as lenient, and often demands are made for the perpetrator to be tried for a more serious offence. Unfortunately, this is not always the best course of action, and sometimes is not possible at all.
Evidence must be collected, decisions must be made, agreements must be struck, and often, the threshold for a murder or manslaughter charge is not met. Here is our explainer as to why some criminals are sentenced for death by dangerous driving instead of manslaughter or murder.
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What constitutes causing death by dangerous driving and how is it different to death by careless driving?
It may seem a small difference, but to the letter of the law, “dangerous” driving is much more serious than “careless” driving, and holds a higher penalty. In order for the threshold to be met to charge someone for death by dangerous driving, it must be proven that the standard of a defendant’s driving fell far below the standard expected of a competent and careful driver and it would be obvious that driving in that way would be dangerous.
Examples of dangerous driving include racing, ignoring traffic lights, overtaking dangerously, driving when unfit, or driving under the influence of drink or drugs. It is much easier to prove someone was driving carelessly as the burden of proof is lower. Death by careless driving only requires that a defendant’s standard of driving falls below the standard expected of a competent and careful driver.
The key difference is the word “far”. Examples of careless driving include overtaking on the inside lane, driving too close to another vehicle, driving through a red light by mistake, or the driver being avoidably distracted such as by tuning the radio.
What is manslaughter?
In legal terms, manslaughter can be defined in two ways, voluntary or involuntary. The former refers to killing with the intent for murder, but where a partial defence applies. For example loss of control, diminished responsibility or killing pursuant to a suicide pact. Involuntary manslaughter refers to the two other ways manslaughter can be committed, either through conduct that was grossly negligent given the risk of death, and did kill, or an unlawful act involving a danger of some harm that resulted in death.
The maximum sentence for manslaughter is imprisonment for life, and the judge decides based on the above three how long the defendant should be jailed for.
What is murder?
There are slightly more specific guidelines for what constitutes a murder, outlined by the Crown Prosecution Service. Mens rea [guilty mind], or malice aforethought, for murder must be established before a person can be charged.
Murder is defined as where a person of sound mind and discretion unlawfully kills any reasonable creature in being under the King’s Peace with intent to kill or cause grievous bodily harm.
Why are dangerous drivers not always tried for manslaughter or murder?
The Crown will look at all the facts of the case and the evidence before deciding whether to try someone for murder, manslaughter, death by dangerous driving or death by careless driving. The decision will be made by prosecutors based on which category the crime fits into best, and whether mens rea for murder can be established.
Prosecutors will choose the charge they believe has the most chance of success of being passed, and also discuss this with the defence. Sometimes an offer of a lesser charge is made to the defendant if it is thought they may plead guilty and then avoid a lengthy, costly and often traumatic trial for the victim’s family.
So, a murder charge for a dangerous driver will not be pursued by the prosecution unless they are sure they can prove malice intent.
How do judges decide how long to sentence criminals for?
Often, two different people who have committed the same crime, such as death by dangerous driving, will be given different sentences by a judge. Many different factors are taken into account by a judge before sentencing, including whether the person pleaded guilty or not, if they have shown remorse, if they are considered likely to commit more crimes, and any other mitigation given by the defence.
The judge will also take into account any aggravating features of the offence, such as if more than one person was killed, if the defendant has previous convictions for motoring offences, if the driver left the scene to avoid detection or apprehension, or if they disregarded warnings. Judges follow guidelines for sentencing set out by the government and once all the facts have been established, prosecutors explain what the guidelines for the specific crime in question are to the judge.
The guidelines for causing death by careless driving when under the influence of drink or drugs is one to 14 years in prison, an unlimited fine, or both, and a disqualification for a minimum of two years. Similarly, causing death by dangerous driving can land someone 1 to 14 years in prison, and disqualified for a minimum of two years.
Causing death by careless, or inconsiderate, driving, carries a lesser penalty of up to five years in prison, and disqualification for a minimum of one year. Causing death by driving, for unlicensed, disqualified, or uninsured drivers, warrants up to two years in prison, an unlimited fine, or both; and disqualified for a minimum of one year.
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