AG Reference (146/2006) judgment 14/2/07:
The Court of Appeal has left untouched the 2 1/2 year sentence for death by dangerous driving imposed on Yvan Vandermeulen, a Belgian driver, who fell asleep at his wheel on motorway, drifted onto a hard shoulder and killed a young mother, injuring her 4 year old son on the M2 on 7th September last year. The driver had driven 38 out of 47 duty hours in the previous 3 days and had had inadequate rest.
An Attorney General's reference was brought - this is where unduly lenient sentences can be reviewed in serious cases. Here the Court of Appeal declined to overturn the sentence but commented that a sentence of 3 years (discounted from a starting point of 5 years for pleading guilty) could originally have been applied. The Court will only alter the sentence if there is undue leniency.
The offence of death by dangerous driving now carries a maximum sentence of 14 years' imprisonment (increased from 10 years).
The brand new offence of death by careless driving introduced by the Road Safety Act 2006 will carry a maximum sentence of 5 years' imprisonment.
> See also: Enforcement Agency Powers and Roadside Prohibitions
Tim Ridyard is a partner and transport law solicitor at Ipswich-based Barker Gotelee Solicitors