Wilkinson [2019] EWCA Crim 702

The applicant was sentenced to 6 months imprisonment for causing death by careless driving, a co-accused was sentenced to 12 months. The grounds of appeal were that a community order should have been imposed, or alternatively, the term should have been suspended.

The applicant was in her car at a junction waiting to turn right, the deceased was on his bike approaching from her left. She pulled out failing to notice a van coming from her right at a speed in excess of the limit. The collision with the van caused the van to rotate and collide with the deceased.

The drivers blamed each other, and both were convicted by the jury. The applicant was of good character and expressed remorse in the PSR. The recommendation was for a community order. The judge noted this was a conviction after trial in which it was “perfectly obvious” to the jury that both drivers were responsible and both driving carelessly.

Held: the offence falls squarely within the middle bracket ‘other cases of careless driving’, this wasn’t momentary inattention nor was there restricted visibility. The judge was entitled to find that this was a careless and rushed emergence into the junction because she wanted to get out in front of the approaching cyclist. 6 months cannot be said to be manifestly excessive, it was not suspended as the judge noted that the applicant had shown no real insight or remorse until after conviction. The appeal was dismissed.