Causing Death by Dangerous Driving – Prosecution Starting Point of 12 Years Custody Successfully Opposed
Background
Hojol Uddin, Patrick Boyers, and Jade Halliday-Mitchell were recently instructed by AD, who was charged with one offence of Causing Death by Dangerous Driving.
The team was instructed just one week prior to the first appearance in the Magistrates’ Court – a pivotal hearing in cases of such a serious nature due to the importance of ‘credit’.
How JMW helped
A methodological and diligent approach, using the team’s network of reputable chambers and independent defence experts, meant that formal written advice on trial prospects and a telecommunications expert report were received prior to the first appearance. It became apparent that whilst AD was guilty of the offence, the importance of whether the mobile phone use was ‘prolonged’ would mean the difference between a 12- or 6-year custodial starting point. This allowed Jade Halliday-Mitchell to draft detailed and intricate Written Representations.
Upon arrival at court, it was evident that the prosecution had not considered the expert evidence nor the representations. During the hearing, Jade successfully applied for an adjournment and preservation of credit in accordance with Plaku [2021] whilst the prosecution exercised its due diligence. Such application was accepted, and the matter was adjourned.
The successful adjournment allowed AD to consider the team’s advice in full, alongside the defence expert report. Without the expeditious work of those instructed, the Team would not have been able to provide concrete advice to AD on plea, and preserve her credit.
From therein, the team worked tirelessly to prepare AD’s mitigation, collating supporting documents and drafting a detailed defence sentencing note.
The outcome
At sentence, the team was successful in opposing the prosecution's starting point of 12 years' custody, instead successfully advocating that AD’s matter warranted a Culpability B starting point of 6 years. The Sentencing Judge agreed with the defence submissions that the phone use was not prolonged.
Following delicate and precise submissions in mitigation, alongside the 33% reduction afforded due to ‘credit for a guilty plea’, AD was sentenced to a total of 3 years and 2 months (to serve 19 months in custody) – a stark contrast to the Prosecution’s 12 years.
The minimum driving disqualification was imposed.
