James Samuel Wilson [2019] EWCA Crim 1141

The appellant was convicted of causing death by driving whilst uninsured and also causing death by driving without due care and attention while over the limit for a specified controlled drug (cannabis). He was sentenced to 6 years imprisonment and disqualified from driving for 6 years and until an extended re-test was passed.

He drove a car belonging to his friend’s mother which had a black box fitted. From that it could be shown that he had driven significantly over the speed limit on a number of occasions. He was driving just over 40mph in a 30 limit when he struck a male on a pelican crossing. The deceased was affected by his alcohol intake and failed to check if there was any oncoming traffic and he emerged directly into the road from an area of darkness. The appellant stopped at the scene and failed a drugs test, he accepted speeding and said the pedestrian had “darted out of nowhere”.

The appellant was effectively of good character and 21 at the time of sentence, he was very sorry for the death and had pleaded not guilty on a technical point of law whilst not denying the facts of the incident.

Held: the appellant’s driving made two clear contributions to the collision and the death: his speed, and his speed of reaction. The most troubling aspect of sentencing was how, and to what extent, the sentence should reflect the contribution the deceased made to the accident, the court had to do so to be fair. It was wrong to suggest the appellant was not to blame but the deceased “made a real contribution to his death”. The sentence was quashed and replaced with one of 5 years, the disqualification adjusted accordingly to 5 years and 6 months.