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18 comments
Even if it's level 3, the starting point is 3 years and the sentencing range is 2-5 years. Also at least half the the aggrevating factors come in to play;
- More than one person killed as a result of the offence
- Other offences committed at the same time, such as driving other than in accordance with the terms of a valid licence; driving while disqualified
- The offender's irresponsible behaviour such as failing to stop
- Driving off in an attempt to avoid detection or apprehension
Dispite this I'm betting on 18 months, out in less than a year with 'good behaviour'. Of course, this all depends of the CPS managing to obtain a conviction.
Can anyone explain why there is even an offence called "Causing death by dangerous driving"? In France the charge would be manslaughter. In this country causing death by act or omission, but without malice aforethought, is a lesser offence if driving a car at the time!
Even if level3, there's several of the aggravating factors covered.
bikecellar, basically it can happen that way. To save money and time on a trial the barristers will sit down and try to come to some arrangement whereby he pleads to the main offence and the cps will "offer no evidence" in the other lesser charges.
This only happens though if he pleads and then its upto the barristers to argue over mitigation with the judge.
Gkam - if he got 5 years for each death they may run concurrently (both at the same time) so he will be out in 2.5 years but hopefully the judge will give him consecutively which run one after the other so he will do 5 years. This is just presumption that he gets 5 years of course, he may get more or less.
Do I get this right? although this guy seems to tick all the boxes for level 1 if his defense plea bargains the lesser offences against the greater offence then the lesser offences don't count and so he will drop to level 2 or 3?
My wife and I have been tandemists since 1982 I tried to keep this incident from her as she has become increasingly nervous over recent years with regard to the deteriorating behavior of many road users, hopefully she will continue to enjoy cycling with me despite this terrible event.
We must not let ourselves be deterred.
Some of the earlier reports suggested he was deliberately targeting pedestrians. Surely that goes beyond dangerous driving and is at the very least manslaughter?
It should be level 1, but as with anything, some parts will be dropped.
SO level 2 would be 10 years minimum (5 for each death) but he'd be out in 5.....I want to see LIFE, its murder in my eyes
Some of the "lesser" charges will no doubt be dropped if he pleads guilty to the more serious offence, it's basically plea bargaining that goes on before each and every case between cps and defence barristers.
If he pleads guilty to death by dangerous they will have agreed to push for the lesser sentencing as stated above (level 3).
http://www.cps.gov.uk/legal/s_to_u/sentencing_manual/death_by_dangerous_driving/
well here are the CPS guidelines for death by dangerous driving,
Who wants to place bets on Level 3 being applicable.
Level 3, ? Surely Not? Has to be Level 1, given all the factors. makes me feel nauseous just thinking about what this low life has done.
I suspect this guy will do at least a reasonable amount of time, because 1. he's been charged with death by dangerous driving, which is not usually applied to the majority of other cases that are reported here and which end with a slap on the wrist, and 2. in those other cases, as has already been discussed in other threads, there is probably an element of "that could be me" when typically law-abiding people simply don't look/see/consider other road users, but those same jurors/judges can't relate to the array of wreckless behaviour shown by this clown in the build-up to the crash.
I'm hoping your correct; and this time the punishment does fit the crime!
What sentencing guidelines will the CPS go for with this one I wonder.
Driving while disqualified
Driving without insurance
Leaving the scene of an accident.
Safe to assume that he doesnt REALLY care much for anyone else except himself. The CPS will most likely place a lot of emphasis on the fact that he turned himself in.
Dreading to see what pathetic sentence will be given
It's the judge who follows the sentencing guidelines, not the CPS. They've brought the charges.
The defence lawyer would plead mitigation, not the CPS.
Several aggravating factors at work here, both among the charges and the reported sequence of events (failure to stop at police signal to do so), each of which would be likely to add to the punishment if found guilty at trial.
He's clearly a dangerous zero empathy scumbag. Personally I would do everyone a favour and throw him in a hole.
Dupe
Two 35 pound fines then? He'll have to make a special trip to the cash machine.
Seriously, he'll probably do some semi-serious time, but only because of the rule-breaking, not the taking of innocents lives.
any bets on what kind of slap on the wrist this joker is gonna get?