G
Guy Chapman
Guest
Apologies if this has already been posted, I'm Googling from the City right now and it looks as if
Google is a bit slow. Anyway,
<http://news.bbc.co.uk/1/hi/uk/2777697.stm>
(note for gentle souls: the uk.tosspot approved response to feeling drowsy is to speed up to keep
yourself awake).
Drivers who kill someone because they have fallen asleep at the wheel are likely to spend at least
two years in jail, under new guidelines. Using a mobile phone should also be thought an "aggravating
factor" leading to stiff minimum sentences, courts have been told.
The Sentencing Advisory Panel, which advises judges in England and Wales, said judges should
consider imprisoning every motorist who causes death by dangerous driving.
Falling asleep at the wheel - which until now has been considered a mitigating factor - should
actually make the crime worse and lead to a longer sentence, the panel said.
2-5 YEAR JAIL SENTENCE RECOMMENDED FOR DRIVERS WHO KILL WHEN THEY
- Fall asleep
- Are distracted by a mobile
- Have drunk too much
- Have taken drugs
- Are racing
- Are showing off
- Are speeding
- Disregarded warnings from fellow passengers
Panel chairman Professor Martin Wasik said: "Drivers do not normally fall asleep without warning.
"The proper course of action for a motorist who feels drowsy is to stop driving and rest.
"It should be regarded as an aggravating factor and we recommend should be sentenced with two to
five years imprisonment."
Motorists who kill should face a short spell in jail for even a "momentary error of judgment" or a
short period of bad driving, said the report.
The sentence should rise to between two and five years if there was an aggravating factor such as
alcohol, drugs, racing, showing off, excessive speed, disregarding warnings from fellow passengers,
falling asleep or being distracted by a mobile, it added.
If there were three or more aggravating features the sentence should rise to between five
and 10 years.
At present there is no clear starting point for sentencing this offence, said Professor Wasik.
THE SELBY TRAGEDY Gary Hart caused the deaths of 10 people in the Selby train crash when he fell
asleep at the wheel He was jailed for five years The judge compared his actions to drink-driving
In the year 2000, about 15% of drivers convicted of causing death by dangerous driving actually
escaped jail.
"This offence causes particular difficulty for sentencers," he said.
"On the one hand, an offence involving a person's death is always serious, and understandably leads
to calls for severe sentences.
"On the other hand, an offender convicted of this offence did not deliberately cause death or
serious injury.
"The standard of the offender's driving at the time of the offence should be the primary factor in
determining the seriousness of an offence."
2000 STATISICS 183 people sentenced for causing death by dangerous driving 158 jailed, which meant
15% escaped jail Average sentence was 3 years and 1 month But many jailed for less than a year Four
fined; 13 received community sentences; 8 got suspended sentences
But motoring groups questioned whether mandatory minimum sentences would make any difference.
"The UK legal system relies on the judiciary, when passing sentence, to take account of all factors
relating to the offence, the consequences and the offender," said the RAC Foundation.
"In most cases of causing death by dangerous driving, this already leads to a custodial sentence."
The RAC Foundations called instead for a new offence of causing death by careless driving, which it
said should solve any sentencing problems.
Google is a bit slow. Anyway,
<http://news.bbc.co.uk/1/hi/uk/2777697.stm>
(note for gentle souls: the uk.tosspot approved response to feeling drowsy is to speed up to keep
yourself awake).
Drivers who kill someone because they have fallen asleep at the wheel are likely to spend at least
two years in jail, under new guidelines. Using a mobile phone should also be thought an "aggravating
factor" leading to stiff minimum sentences, courts have been told.
The Sentencing Advisory Panel, which advises judges in England and Wales, said judges should
consider imprisoning every motorist who causes death by dangerous driving.
Falling asleep at the wheel - which until now has been considered a mitigating factor - should
actually make the crime worse and lead to a longer sentence, the panel said.
2-5 YEAR JAIL SENTENCE RECOMMENDED FOR DRIVERS WHO KILL WHEN THEY
- Fall asleep
- Are distracted by a mobile
- Have drunk too much
- Have taken drugs
- Are racing
- Are showing off
- Are speeding
- Disregarded warnings from fellow passengers
Panel chairman Professor Martin Wasik said: "Drivers do not normally fall asleep without warning.
"The proper course of action for a motorist who feels drowsy is to stop driving and rest.
"It should be regarded as an aggravating factor and we recommend should be sentenced with two to
five years imprisonment."
Motorists who kill should face a short spell in jail for even a "momentary error of judgment" or a
short period of bad driving, said the report.
The sentence should rise to between two and five years if there was an aggravating factor such as
alcohol, drugs, racing, showing off, excessive speed, disregarding warnings from fellow passengers,
falling asleep or being distracted by a mobile, it added.
If there were three or more aggravating features the sentence should rise to between five
and 10 years.
At present there is no clear starting point for sentencing this offence, said Professor Wasik.
THE SELBY TRAGEDY Gary Hart caused the deaths of 10 people in the Selby train crash when he fell
asleep at the wheel He was jailed for five years The judge compared his actions to drink-driving
In the year 2000, about 15% of drivers convicted of causing death by dangerous driving actually
escaped jail.
"This offence causes particular difficulty for sentencers," he said.
"On the one hand, an offence involving a person's death is always serious, and understandably leads
to calls for severe sentences.
"On the other hand, an offender convicted of this offence did not deliberately cause death or
serious injury.
"The standard of the offender's driving at the time of the offence should be the primary factor in
determining the seriousness of an offence."
2000 STATISICS 183 people sentenced for causing death by dangerous driving 158 jailed, which meant
15% escaped jail Average sentence was 3 years and 1 month But many jailed for less than a year Four
fined; 13 received community sentences; 8 got suspended sentences
But motoring groups questioned whether mandatory minimum sentences would make any difference.
"The UK legal system relies on the judiciary, when passing sentence, to take account of all factors
relating to the offence, the consequences and the offender," said the RAC Foundation.
"In most cases of causing death by dangerous driving, this already leads to a custodial sentence."
The RAC Foundations called instead for a new offence of causing death by careless driving, which it
said should solve any sentencing problems.
