ROAD TRAFFIC

[2019] EWCA Crim 235 [2019] EWCA Crim 235

Where an offender who had completed the detention and training period of a detention and training order committed a further offence while still subject to a period of supervision, the Powers of Criminal Courts (Sentencing) Act 2000 s.106 required a sentence of detention in a young offender institution to be imposed with immediate effect. Such a sentence could not be made consecutive to any detention period imposed for breach of the DTO.

[2018] NICA 52 [2018] NICA 52

A judge had erred in concluding that alcohol, which was the culpable cause of an offender’s dangerous driving, and a record of dangerous driving 20 years earlier, together required the offender to be sentenced within a higher culpability category. Judges had to be careful not to double-count against an offender by treating the sole cause of the accident as an aggravating factor of itself. He should have been sentenced within the intermediate category, and the appropriate term was 27 months’ imprisonment.

[2018] EWCA Crim 2938 [2018] EWCA Crim 2938

Consecutive sentences for dangerous driving, driving while having consumed drugs and driving while disqualified were quashed and replaced with concurrent sentences, having regard to the principle of totality and the sentencing judge’s failure to follow the guidance in R. v Needham (Paul Maurice) [2016] EWCA Crim 455. A five-year disqualification from driving with the requirement for an extended re-test was upheld.

[2018] EWCA Crim 2457 [2018] EWCA Crim 2457

A sentence of four years’ imprisonment imposed on an offender following his plea of guilty to causing the death of an elderly pedestrian by driving a heavy goods vehicle dangerously whilst using a mobile phone was reduced on appeal to three years four months.

[2018] EWHC 2376 (QB) [2018] EWHC 2376 (QB)

In an action for damages against an uninsured driver, the court determined preliminary issues as to the Motor Insurers’ Bureau’s liability arising from the fact that the accident occurred on private land; whether the Road Traffic Act 1988 s.145(3) could be read down so as to extend the compulsory insurance obligation in Directive 2009/103 art.3 to private land; the direct effect of art.3; and the MIB’s status as an emanation of the state.