Death by Careless Driving; Sentencing Guidelines and the Custody Threshold

摘要

In October 2008, the appellant was driving a vehicle in Kirkby, Mersey-side on a side road, intending to turn right on to South Boundary Road, a manoeuvre which necessitated crossing one lane of a dual carriageway. As the appellant pulled out of the side road, intending to pause at the central reservation, his vehicle was struck by a motorcycle, just by the rear passenger door. The rider of the motorcycle later died from the injuries he received as a result of the collision. The appellant was charged with causing death by careless driving under s. 2B of the Road Traffic Act 1988, which provides that an offence will be committed if a person causes the death of another person by driving a vehicle without due care and attention or without reasonable consideration for other persons.