Road traffic

The relevant starting points identified in R v Cooksley [2003] EWCA Crim 996, [2003] 3 All ER 40 (causing death by dangerous driving) should be reassessed as follows:

(i) no aggravating circumstances—12 months to two years’ imprisonment;
(ii) intermediate culpability—two to four and a half years’ imprisonment;
(iii) higher culpability—four and a half to seven years’ imprisonment; and
(iv) most serious culpability—seven to 14 years’ imprisonment. 

Where the driver has been drinking, if the level of impairment is only just in
excess of the permitted limit, and the driving is otherwise careless rather than dangerous, the consumption of alcohol provides the most significant aggravating element of the offence. If there are no others, it will normally fall within the category of offences of causing death by dangerous driving which lack any additional aggravating features.

As the consumption of alcohol increases, so does the relative culpability, and by the time the consumption is at or about double the legal limit, the case would fall within the intermediate category. At higher levels than this, the result will be dangerous driving of a kind which will take the case into the categories of higher culpability and then most serious culpability. It is a specific mitigating feature that defendants behaved responsibly, and took positive action to assist at the scene but it is not a mitigating feature that they merely waited or remained at the scene.