Dangerous Driving Information

Aggravating & mitigating factors are relevant to almost all road traffic allegations but cases involving dangerous driving require a much more detailed assessment to help decide an appropriate and penalty. 

When sentencing for dangerous driving, the court must start by considering the seriousness of the offence and the scope of issues to consider is wide and varied. The assessment of seriousness will:

1. Help determine which of the sentencing thresholds has been crossed
2. Indicate whether a custodial, community or other sentence is most appropriate 
3. Be the key factor in determining the duration of a custodial penalty,  how heavy the requirements to be incorporated into a community sentence should be and the amount of any fine that the court impose 

The court has a duty to impose a penalty that is commensurate with how serious the offence is and be in line with current guidelines. There are two main parameters that determine seriousness:

1. The culpability of the offender; and
2. The harm caused or risked as a result of the offence. 

The Criminal Justice Act 2003 provides the following:

“In considering the seriousness of any offence, the court must consider the offender’s culpability in committing the offence and any harm which the offence has caused, was intended to cause or might foreseeably have caused” 

Culpability 

So far as sentencing is concerned, there are four levels of culpability that can be identified. Where the offender:

1. Has the intention to cause harm, with the highest culpability when an offence is planned. The worse the harm intended the more serious the case. 
2. Is reckless as to whether harm is caused which is when the offender appreciates at least some harm would be cause by his actions but proceeds anyway giving no thought to the consequences even when the extent of the risk would be obvious to most people. 
3. Has knowledge of the risks involved even though he does not intend to cause the harm that results
4. Is guilty of negligence  

The extent to which knowledge, intent, recklessness or negligence are involved will vary. 

Harm 

1. To individual victims  

The types of harm that can result from criminal activity is diverse and can harm victims in various ways such as physical injury, sexual violation, financial loss, damage to health or psychological distress. 

1. Harm 

1.8 The relevant provision is widely drafted so that it encompasses those offences where harm is caused but also those where neither individuals nor the community suffer harm but a risk of harm is present. 

To Individual Victims 

1.9 The types of harm caused or risked by different types of criminal activity are diverse and victims may suffer physical injury, sexual violation, financial loss, damage to health or psychological distress. There are gradations of harm within all of these categories. 

1.10 The nature of harm will depend on personal characteristics and circumstances of the victim and the court’s assessment of harm will be an effective and important way of taking into consideration the impact of a particular crime on the victim. 

1.11 In some cases no actual harm may have resulted and the court will be concerned with assessing the relative dangerousness of the offender’s conduct; it will consider the likelihood of harm occurring and the gravity of the harm that could have resulted. 

To the Community 

1.12 Some offences cause harm to the community at large (instead of or as well as to an individual victim) and may include economic loss, harm to public health, or interference with the administration of justice. 

Other Types of harm 

1.13 There are other types of harm that are more difficult to define or categorise. For example, cruelty to animals certainly causes significant harm to the animal but there may also be a human victim who also suffers psychological distress and/or financial loss.