R. v STEWART

摘要

The Sentencing Guidelines Council Causing Death by Driving: Definitive Guideline provides: "Level 1 - The most serious offences encompassing driving that involved a deliberate decision to ignore (or a flagrant disregard for) the rules of the road and an apparent disregard for the great danger being caused to others ... Level 2 - This is driving that created a substantial risk of danger ... Level 3 - This is driving that created a significant risk of danger ..." The defendant was the driver of a heavy goods vehicle, the trailer of which was fitted with a crane and two outrigger arms used to stabilise the trailer when the crane was in use. When not in use the outrigger arms had to be secured to prevent them swinging out. After completing a job which required the defendant to deploy the crane and the outriggers, the defendant failed to stow the crane correctly so that it obscured the view in his wing mirror and failed to apply any of the three locking mechanisms necessary to secure one of the outrigger arms in place. As he was driving along the arm swung out, protruding 1.6m from the side of the trailer. It then struck a stanchion at a pelican crossing and a pedestrian waiting at the crossing, who was fatally injured. The defendant drove on until the outrigger arm hit a car. The defendant was convicted, after a trial, of causing death by dangerous driving. Counsel for the prosecution suggested that the offence might fall between levels 2 and 3 of the Causing Death by Driving: Definitive Guideline, while counsel for the defendant suggested level 3. The judge found that the defendant had made the deliberate choice to drive off with the vehicle in the state it was, showing a complete lack of responsibility and a complete disregard of what he knew had to be done to drive the vehicle safely, and, putting the offence at level 2, she imposed a sentence of four years and six months' imprisonment.