By Jeremy Sirrell,
A driver who admitted to causing the death of a Billericay school boy has been jailed for ten years at Chelmsford Crown Court. The facts of this case are tragic and involve the death of one young school boy and a very serious injury to a second.
The accident happened just after 8:20am when both boys were walking on their way to school. Although the driver initially denied dangerous driving, he later admitted the offence and pleaded guilty to the offence on 5 January of this year. The case was adjourned to a sentence hearing at which he received a sentence of ten years imprisonment, of which at least two-thirds will be served in custody.
The facts of this matter appear to be that the vehicle was travelling well in excess of the speed limit, which was 30 miles an hour, at possibly as high as 67 miles per hour. However, other relevant facts are not reported. If the position is that the dangerous driving charge was made on the basis of the speed alone (which it seems it was) and a plea of guilty entered on that basis, then the position here is that this is a yet another case confirming that if the speed is high enough that simply travelling at excess speed can be sufficient to found a dangerous driving charge and, if someone is killed or seriously injured, an aggravated form of that charge, as in this case.
Accidents in which death is caused are always problematic, tragic for the families involved, but also present particular difficulties for prosecutors, defence solicitors, barristers and courts. Sentencing guidelines are issued and will have been used by the judge in this case.
This is a tragic case and, naturally, our hearts go out to the families involved, but it is also a salutary lesson in that sometimes, simply excess speed in itself may be sufficient to found a very serious criminal charge if, as a result of such speed, there is a serious accident, regardless of whether any other carelessness or inadvertence may be involved.
This case is part of a pattern that has been developing over many years now, where courts have moved away from a stricter interpretation of what is termed moral blameworthiness as the principal or sole basis of sentencing and more towards the results of the defendant’s actions being the principal determinant of sentence.
It is worth considering that, had the two boys not been tragically struck by the car and the car had been caught in a speed trap, he would most likely have been brought to court and disqualified for one to two months, perhaps as much as six months if he were exceptionally unlucky, and would have faced a fine. The defendant’s actions would have been the same but without the outcome of the boy’s tragic death, everything else would have changed.