Mixed reaction to killer drivers plan
Jan 10 2008 by Paul Loraine, The Journal
CONTROVERSIAL new sentencing guidelines for drivers who kill were met with a mixed reaction from victims’ families in the region last night.
Yesterday, the Sentencing Guidelines Council (SGC) issued recommendations on two new offences – causing death by careless driving and causing death while driving uninsured, unlicensed or disqualified.
Both offences have been approved by Parliament, but will not be brought into force until the guidelines are accepted.
The council suggested that in some cases where the accused driver has no previous convictions, a jail term may not be appropriate.
On causing death by careless driving, it reads: “Where the level of carelessness is low and there are no aggravating factors, even the fact that death was caused is not sufficient to justify a prison sentence.”
Headed by the Lord Chief Justice, Lord Phillips of Worth Matravers, the council also said uninsured or unlicensed drivers who kill on the roads should be handed a community order if there are no aggravating factors in the case.
There was a mixed response to the guidelines yesterday among families of road crash victims in the North-East.
Anthony and Valerie Shepherd from South Shields, who lost their 28-year-old son, also called Anthony, in a hit-and-run incident in October 2006, were troubled by the news.
In a joint statement, they said: “We are totally against it.
“When you get behind the wheel of a car, you can’t be distracted. If you have taken somebody’s life you can’t just walk out of court.
“We have got a life sentence. If you have killed someone you should pay for it because you have left a trail of devastation.
“Of course, accidents happen, but where do you draw the line?
“When you get into a car, it’s your responsibility to pay attention. People don’t think enough about the responsibility. The guidelines have sent out the wrong message to drivers.”
Meanwhile, the grandfather of Rebecca Sawyer, who died aged six when her family’s car was hit by a banned driver on New Year’s Eve 2002, thought it was important to focus on each case individually.
Bob Sawyer, 60, who lives with his wife Linda in Ashington, said: “Accidents do happen.
“The only thing on this family’s mind is preventing people drinking and driving and doing things that put people’s lives at risk.
“Whatever you have done, you have taken someone’s life, but each case has to considered on its own.
“If there are drink or drugs involved, or if the driver is speeding, it’s clear-cut that the driver is 100% at fault.
“If you are under the influence and you kill someone, it is not the same as if it’s a genuine accident.”
The SGC also said the normal maximum sentence for causing death by careless driving should be three years’ imprisonment, despite the maximum allowed being five years.
Road safety campaign group Brake said the new careless driving offence would be “completely undermined” by the sentences set out by the SGC.
Spokeswoman Sarah Fatica said: “These guidelines send out a terrible message to drivers that you can drive badly and cause a death, yet receive only a slap on the wrists.
“Brake welcomed the new charge of causing death by careless driving, but these guidelines completely undermine its ability to act as a deterrent and provide justice for bereaved families.”
The document will now go to Justice Secretary Jack Straw and MPs for consultation, with the new sentences due to come into force in March or April.
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Move to plug legal loophole
Currently, there is no offence of death by careless driving.
Motorists who kill on the roads can only be charged with death by dangerous driving or careless driving. Those charged with careless driving can only be handed a fine.
The laws were thrown in the spotlight after the death of Rebecca Sawyer, from Ashington, five years ago.
She was killed and her sister Kirsty seriously injured when the family car was hit by a stolen vehicle driven by Ian Carr.
Despite having two life driving bans, a conviction for causing death by dangerous driving, and jumping a red light while speeding in a stolen car, Carr was sentenced to just nine and a half years.
