The defendant, a lorry driver veered from the road whilst sending a text message. He killed a man in a lay-by.
Held: The sentence of 5 years was upheld. Mance LJ said: ‘The use of a mobile phone to read and compose text messages while driving is a highly perilous activity. Even the use of a hand-held mobile phone by a driver whilst moving, a much too common feature of driving today, is self-evidently risky. But the risks of reading and composing, text messages appears to us of a wholly different order and to be to use the judges words, of the most ‘blatant nature’. Browning had pleaded guilty but there had to be a Newton hearing. Browning’s evidence was not accepted so he was not entitled to full credit for his plea.
Judges:
Mance LJ
Citations:
[2002] 1 CAR (S) 377
Jurisdiction:
England and Wales
Road Traffic, Criminal Sentencing
Updated: 17 May 2022; Ref: scu.251432