DEATH BY DRIVING: DANGEROUS DRIVING
Volume 2
243.3a Aggravated vehicle taking, and
R v Roberts 2013 EWCA Crim 785 LCJ D pleaded to aggravated vehicle taking. After drinking he was a
passenger in a car which, after being driven at speed, crashed and overturned. Counsel for the prosecution
enquired why the driver of the car had not been charged with causing death by dangerous driving. The
charging officer at the CPS considered that there was insufficient evidence to sustain that charge and in
any event, aggravating vehicle taking carried the same maximum sentence (14 years). Consequently it
was deemed appropriate to charge aggravated vehicle taking. Held. That should not be the approach.
Causing death by dangerous driving is, in sentencing terms, generally regarded as the more serious
offence and it should be the norm for that to be charged where there is evidence to support it.
243.21 Racing, competitive or aggressive driving
Att-Gen’s Ref No 34 of 2013 2013 EWCA Crim 2135 D was convicted of causing death by dangerous driving. He
was seen driving his white BMW 1 Series immediately behind a Ford Fiesta driven by V. They appeared almost to
be touching. In front was a car driven by R, which was stationary at a pedestrian crossing with lights. D drove
towards the crossing at a fast speed and appeared to be gesticulating and shouting at V who was now stationary at
the crossing. When the lights changed V undertook R and drove away fast. R moved into the nearside lane and D
overtook her and also drove away fast. D appeared to be pursing V. The two cars approached a speed camera and
both braked hard and then accelerated away. V was in the nearside lane and D in the outside lane. D then suddenly
went in front of V. V braked sharply, went into the outside lane and hit a kerb on the central reservation. V lost
control of his car, spun and went sideways along the road into the nearside lane and into a tree. The car was nearly
cut in two. D drove off. V and his passenger died. In interview D admitted the driving and that he was angry at V but
denied he drove dangerously. He was aged 53 at appeal and was the owner of a successful building company. He
had a drink/drive conviction in 1990 and a speeding conviction in 2010. He was essentially of good character. The
Judge treated D and V as bad as each other. Held. This was a level 2 offence involving prolonged aggressive and
competitive driving culminating in a dangerous manoeuver aimed at V. Had we been satisfied D intended V to take
emergency avoiding action we may well have concluded that this was a level 1 offence. D’s first and second
thoughts were to evade responsibility. Two people died. 5 years not 30 months. 5 years disqualification not 3.
See also: Att-Gen’s Ref No 40 of 2012 2012 EWCA Crim 2531, 2013 2 Cr App R (S) 7 (p 34) (Convicted.
Girl, D speeding up and slowing down with boyfriend, B, each trying to get home from pub first. Expert
said D’s speed, 69mph and B’s speed, 81mph. B lost control of the vehicle and it overturned, mounted the
pavement and struck two cyclist, V1 aged 23 and V2 aged 13. V2 died. V1 injured. D, aged 19, no
convictions and pregnant. Category 2. 3½ years not 18 months.)
243.24 Speeding
Less than 6½ years
Att-Gen’s Ref No 76 of 2012 2013 EWCA Crim 458 D pleaded (full credit) to causing death by dangerous
driving. V, aged 67, drove a white campervan along a dual carriageway with a 70mph speed limit. The
vehicle was adequately lit and travelling at 51-54 mph. D was driving a BMW sport coupe at speed with a
friend. Neither vehicle had mechanical defects. The vehicles were in the same lane and D drove into the
campervan pushing it up a grassy verge and into a traffic stanchion. V died of multiple injuries and
trauma. His average speed until 9km before the impact was 117 mph and 96mph over the final 5.3km.
Over the final 1.6 km the speed was 91mph. At the collision, his speed was in the low 90s. At a closing
speed of 48mph, V’s van would have been in view for 25 seconds and for 16 seconds there would have
been a direct line of sight. D was breathalysed and the test was negative. D said he had not seen any tail
lights on the van and claimed he was travelling at “roughly 60”. Later he admitted he had reached a speed
of 128mph and that he was showing off to his passenger. D, aged 22 at appeal, had offences of speeding
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in 2009 (speed awareness course) and 2011 and for using his mobile phone whilst driving in 2010. Held.
There had been excessive speed for a prolonged period of about 11km. His previous convictions
demonstrate propensity and a failure to respond positively both to help offered and penalties imposed. In
mitigation, there was the plea and D’s previous exemplary behaviour. This was a level 2 case. Starting at
5 years, the appropriate sentence was 3 years 4 months. Because it was a reference, 3 years not 2.
243.25 Speeding
6½+ years custody
Att-Gen’s Ref No 33 of 2013 2013 EWCA Crim 13981 D pleaded (full credit) to causing death by
dangerous driving and causing death by driving whilst unlicensed, disqualified or uninsured. D was
driving a vehicle lent to him by a friend. There was no street lighting and the road was dry and subject to
a 50mph limit. The road was undulating which meant oncoming cars could be obscured from view. D was
travelling northbound and ‘tailgating’ another vehicle. He eventually moved to overtake. A witness said
he was wholly or partly on the wrong side of the road and his view of any oncoming vehicles was
obscured by the undulation in the road. D was driving ‘fast’. After overtaking, D approached a sharp
double bend with signs indicating that the road narrowed ahead and that drivers should slow down. D
collided with V’s car, who was driving south. The collision happened in the southbound lane on the apex
of a double bend. D’s speed was unknown but the maximum speed at which the bend could be negotiated
was between 61 and 66 mph. V’s car rotated through 180˚ and came to rest in a wooded embankment. V
was trapped in the car and had suffered head injuries, respiratory failure and leg injuries. D’s vehicle was
badly damaged but he managed to exit the car and he left the scene. V died in hospital days later. D, aged
28 at the appeal, had a bad driving record. He was convicted as a juvenile of TDA (×2), aggravated
vehicle-taking and driving without insurance and a licence. There were also convictions for excess
alcohol (2002), driving whilst disqualified (×2) (2003) and as an adult, TDA, aggravated vehicle-taking
and driving whilst uninsured and disqualified. In 2009, he pleaded to dangerous driving (12 months).
Held. This was a category 1 offence. D made a deliberate decision to ignore the rules of the road. The
appropriate starting point could not have properly been lower than 12 years, when considering D’s
record. With the plea, 8 years not 5½.
1 This was an Attorney-General’s reference, however, the official transcripts bears the name R v Palmer in error. Ed.
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