Hastings [2018] EWCA Crim 2457

The appellant was driving a Mercedes Axor goods vehicle which was a cab with no trailer attached. The deceased was waiting to cross at a pelican crossing although there had been a power cut and significant congestion had resulted. As he approached the crossing the appellant answered a call from his employer, holding the handset to his ear in slow moving, queuing traffic. The deceased was crushed to death as he went to cross the road and was struck by the lorry, the appellant had moved forward, whilst still on the phone and failed to make proper use of his mirrors before moving off.

The appeal was a challenge of the categorisation as a level 2 offence as it involved an element of double counting. The defence argued that level 2 was reached by factoring in the fact the appellant was a professional lorry driver driving a heavy goods vehicle but then made an upward adjustment from the starting point by the fact that he was a professional driver.

Held: the judge was justified in placing the offence in level 2, and some upward adjustment was required to reflect all of the factors. There was, however, powerful mitigation which balanced out the aggravating features which would have otherwise taken the offence beyond the starting point. The sentence was reduced from 4 years to 3 years and 4 months.