Law on dangerous driving causing injury after trucker hurt family in horror M42 crash

A trucker was jailed for two-and-a-half years after a horror crash on the M42 which left a schoolgirl needing lifelong care. But his sentence has been criticised for being too lenient - so how does the law apply in this case? Dominic Nicholls allowed his 40-tonne lorry to drift off the carriageway and smash into a family's broken down Nissan X-Trail on the hard shoulder, between junctions 8 and 9, for Kingsbury, near Tamworth[1], in April, last year.

It resulted in four members of the same family suffering injuries - with an eight-year-old girl left unable to think, walk or talk, according to police. The 51-year-old, from Ipswich, admitted causing serious injury by dangerous driving. But his 30-month sentence has drawn criticism from the public for the time he will spend behind bars.

Some claimed you "get longer in jail for tax evasion."[2] BirminghamLive has examined the law surrounding causing injury by dangerous driving. This is how sentences are worked out.

Law on serious injury by dangerous driving causing:

The legislation is part of the Road Traffic Act 1988, section 1A.

The sentence ranges - with a starting point of 26-weeks to a maximum of five years in custody. The obligatory disqualification is for a two-year minimum period with a compulsory extended re-test. It is a triable either way case, which means magistrates or a Crown Court judge can preside over it.

Sentencing guidelines:

There are three sections of culpability under guidelines according to the sentencing council.

The court will determine culpability by taking consideration with a number of factors. It says that "the court should balance characteristics (below) to reach a fair assessment of the offender's culpability." The sliding scale ranges between A - for the most serious - to C - as less serious. There are also two levels of harm, which are taken into consideration.

A

• Deliberate decision to ignore the rules of the road and disregard for the risk of danger to others
• Prolonged, persistent and deliberate course of dangerous driving
• Obviously highly dangerous manoeuvre
• Prolonged use of mobile phone or other electronic device
• Driving highly impaired by consumption of alcohol and/or drugs
• Offence committed in course of evading police
• Racing or competitive driving against another vehicle
• Persistent disregard of warnings of others
• Lack of attention to driving for a substantial period of time
• Speed significantly in excess of speed limit or highly inappropriate for the prevailing road or weather conditions

B

• Use of mobile phone or other electronic device (where not culpability A)
• Driving knowing that the vehicle has a dangerous defect or is dangerously loaded
• Driving at a speed that is inappropriate for the prevailing road or weather conditions (where not culpability A)
• Driving impaired by consumption of alcohol and/or drugs (where not culpability A)
• Driving significantly impaired as a result of a known medical condition, and/or disregarding advice relating to the effect of a medical condition or medication
• Driving when deprived of adequate sleep or rest
• Disregarding a warning of others
• The offender's culpability falls between A and C

C

• Standard of driving was just over threshold for dangerous driving

Sentencing starting points:

The sentencing council said: "The starting points and category ranges below relate to a single offence resulting in injury to a single victim.

Where more than injury is caused and they are charged in separate counts, or where another offence or offences arising out of the same incident or facts is charged, concurrent sentences reflecting the overall criminality will be appropriate.

"Where more than one victim is injured but they are all charged in a single count, it will be appropriate to make an upwards adjustment from the starting point within the relevant category range before consideration of other aggravating features and mitigation."

Factors increasing seriousness:

• Statutory aggravating factors include previous convictions

• Offence committed whilst on bail

Other aggravating factors:

• Victim was a vulnerable road user, including pedestrians, cyclists, horse riders, motorcyclists etc
• Driving for commercial purposes
• Driving a LGV, HGV, or PSV etc
• Other driving offences committed at the same time as the dangerous driving

• Blame wrongly placed on others

• Failed to stop and/or obstructed or hindered attempts to assist at the scene
• Passengers in the offender's vehicle, including children
• Vehicle poorly maintained

• Offence committed on licence or while subject to court order(s)

Factors reducing seriousness or reflecting personal mitigation:

• No previous convictions or no relevant/recent convictions

• Good driving record
• Actions of the victim or a third party contributed significantly to collision or injury
• Offence due to inexperience rather than irresponsibility (where offender qualified to drive)
• Genuine emergency
• Efforts made to assist or seek assistance for victim(s)

• Remorse

• The victim was a close friend or relative

• Serious medical condition requiring urgent, intensive or long-term treatment

• Age and/or lack of maturity

• Mental disorder or learning disability

• Sole or primary carer for dependent relatives

Stay up to date with the very latest from your Birmingham or West Midlands street or neighbourhood with our Birmingham News[4] Email Updates.[5]

References

1. ^ Tamworth (www.birminghammail.co.uk)
2. ^ "get longer in jail for tax evasion." (www.birminghammail.co.uk)
3. ^ Trucker who wrecked schoolgirl's life in M42 crash jailed for just two-and-a-half years (www.birminghammail.co.uk)
4. ^ Birmingham News (www.birminghammail.co.uk)
5. ^ Email Updates. (www.birminghammail.co.uk)