Driving a Truck or Bus now an Aggravating Feature for Causing Death by Dangerous Driving
The Sentencing Council has published revised sentencing guidelines effective from the 1st July 2023 for a number of motoring offences including Causing Death by Dangerous Driving and Causing Death by Careless Driving. Sentencing guidelines for motoring offences published – Sentencing (sentencingcouncil.org.uk) The sentencing ranges for Causing Death by Dangerous Driving are now 2-18 years imprisonment and the range for Causing Death by Careless Driving is from a Community Order to 4 years imprisonment. These are a significant lift from the previous guidelines.
The starting point for the most serious offences of Causing Death by Dangerous Driving will be 12 years custody. The starting point for the least serious cases of Causing Death by Careless Driving is 26 weeks custody.
The grim reality is that you are never closer to a lengthy custodial sentence than when you put your hand on the handle of your driver’s door.
The situation is even worse for commercial drivers.
The new guidelines for Causing Death by Dangerous Driving introduce new aggravating features of inter alia:
- Victim was a vulnerable road user, including pedestrians, cyclists, horse riders, motorcyclists etc
- Serious injury to one or more victims, in addition to the death(s) (see step 6 on totality when sentencing for more than one offence)
- Driving for commercial purposes
- Driving a LGV, HGV or PSV etc
It will be a poor look out for a truck driver who kills a cyclist. Your very job is now an aggravating feature that could put months on your sentence over that of a car driver convicted of the very same driving.
SBC have barristers and solicitors who are experienced in defending truck drivers and PSV drivers charged with the most serious cases. If you find yourself in this situation give our team a call.
