Pavel Makevic [2019] EWCA Crim 1788

The appellant pleaded guilty on re-arraignment to causing death by careless driving. He was sentenced to 4 years and 9 months’ imprisonment.

The appellant struck a cyclist from behind while driving over a level crossing. An expert report stated he was going at a minimum of 37mph before braking hard. He remained at the scene and performed CPR on the victim who died later that night from his injuries. The appellant did not have a valid driving licence and was one and a half times the legal driving limit for alcohol.

The sentencing judge did not accept that he had been dazzled by another car and said he had not been paying sufficient attention and had sought to minimise what he had done. His good character, personal circumstances and genuine remorse were noted.

The appeal was dismissed.