Regina v Shepherd; Regina v Wernet; Attorney General’s References Nos. 14 and 24 of 1993: CACD 26 Jan 1994

New sentencing guidelines were handed down for the offence of causing death by dangerous driving whilst driving with excess alcohol. The definition and sentence for the offence had been changed. Lord Taylor CJ: ‘Drivers who drive after taking alcohol should understand that in bad cases they will lose their liberty for upwards of five years and in the very worst cases, if contested, sentences will be in the higher range of those now permitted by Parliament.’ and ‘We wish to stress that human life cannot be restored, nor can its loss be measured by the length of a prison sentence. We recognise that no term of months or years imposed on the offender can reconcile the family of a diseased victim to their loss, nor will it cure their anguish.’ and ‘where a driver had driven with selfish disregard for the safety of other road users or of his passengers of with a degree of recklessness, instead of the appropriate sentence being 2 years or more, sentences of upwards of 5 years would be appropriate.’

Citations:

Ind Summary 31-Jan-1994, Gazette 02-Feb-1994, Gazette 26-Jan-1994, [1994] 15 CAR (S) 640

Jurisdiction:

England and Wales

Citing:

ReconsideredRegina v Boswell CACD 1984
The court gave guidelines for sentencing for the offence of causing death by reckless driving. . .
CitedRegina v Pimm 1994
The offence of motor manslaughter is generally reserved for situations where on the facts there is a very high risk of the driving resulting in death. . .
CitedRegina v Pettipher CACD 1989
. .
Lists of cited by and citing cases may be incomplete.

Road Traffic, Criminal Sentencing

Updated: 13 September 2022; Ref: scu.88016