Death by Dangerous Driving: Sentencing

Debate between Gareth Johnson and Eddie Hughes

Wednesday 28th February 2018 Westminster Hall

[Eddie Hughes (Walsall North) (Con)]

I beg to move,

That this House has considered death by dangerous driving and sentencing.

It is a pleasure to serve under your chairmanship, Mr Hosie, and I thank the House of Commons digital team for their support in publicising this debate on social media. They put details of the debate on the House of Commons website, and I understand that 5,500 people saw that post and several hundred engaged with it. From the key themes identified, those who have lost loved ones said that they felt they were serving a life sentence, and they did not feel that the person convicted of causing death by dangerous driving received an adequate sentence.

In support of tougher sentencing, Carole said:

“Definitely. We are now a family living a life sentence. The dangerous driver that caused my 19-year-old son’s death served 22 months and is out living their life.”

Patricia said:

“My 17-year-old daughter was killed by a drunk driver. He got two years, four months, while I am doing life. I’m so angry.”

I thank those members of the public who took the time to comment, especially those personally affected by this topic.

In securing this debate I intended to support a campaign initiated recently by the Express and Star, following recent tragic cases in the black country. I therefore make no apology for borrowing from articles that that paper, and others, have published on this subject. The Express and Star’s “Stop the Speeders” campaign has attracted thousands of signatures, and it urges the Government to introduce tougher sentences for killer drivers. I am also extremely grateful for the support of Walsall Labour councillor, Doug James, who has spoken of his support for the campaign.

Support for tougher sentencing is echoed right across the country, and I pay particular tribute to my hon. Friend the Member for North East Cambridgeshire (Stephen Barclay) for his work in this area following a very sad case in his constituency. On 20 February 2011, 22-year-old Jamie Butcher was crossing at a pelican crossing in Wisbech when a speeding driver careered into him, throwing him 43 metres through the air and killing him instantly. He had been walking into town after a family dinner with his parents when the driver, who was travelling at twice the 30 mph speed limit, ran a red light and killed him. The driver was sentenced to just 43 months in prison. Following their son’s death, Steve Green and Tina Butcher joined road safety charity Brake, and campaigned relentlessly for a change in the law. Partly as a result of their hard work, in December 2016 the Government launched a consultation on driving offences and penalties relating to causing death or serious injury.

For the purpose of this debate I would like to draw attention to the summary findings in respect of the penalty for death by dangerous driving. Consultees were asked:

“Do you think that the maximum penalty for causing death by dangerous driving adequately reflects the culpability of the offending behaviour or should it be increased from 14 years’ imprisonment to life?”

Some 70% of the 8,305 respondents to that question thought that the maximum penalty for the offence of causing death by dangerous driving should be increased to life imprisonment. Only 15% of respondents thought that the current 14 years was adequate. Those who agreed with an increase in the maximum penalty commented that that would provide the courts with tougher sentencing powers in the most serious cases.

[Gareth Johnson (Dartford) (Con)]

I congratulate my hon. Friend on securing this debate. Does he agree that in many of these instances the charge should be manslaughter, not death by dangerous driving? If someone were to kill another person in any other circumstance through dangerous or reckless behaviour, they would be charged with manslaughter, yet it seems that that is not the case on the roads. With a charge of manslaughter the court could give a maximum of life imprisonment rather than 14 years.

[Eddie Hughes]

I completely concur with my hon. Friend, and I will touch partly on that issue later in my speech.

It was also argued that an increased maximum penalty would better reflect the culpability of dangerous driving behaviours and the disregard that some motorists had for others. A number of respondents also suggested that deliberate driving actions directed at other road users should be charged as murder or manslaughter. Under the current law, the Crown Prosecution Service can, and will, charge a person with manslaughter where the evidence supports that charge. However, as many of those who did not agree with an increase commented, in many driving cases the offending behaviour, which may be highly irresponsible, does not suggest that the vehicle was intentionally used as a weapon to kill or commit grievous bodily harm, so it would not amount to murder or manslaughter.

It was also suggested that causing death by dangerous driving should attract the same sentence as murder or manslaughter because the harm caused—the death of the victim—is the same in all three offences. Increasing the maximum penalty for this offence would enable the courts to impose a life sentence or any lesser sentence, including a determinate sentence of any length. However, increasing the maximum penalty does not guarantee sentence length, as decisions on sentencing remain with the independent courts and are made on a case-by-case basis.

Some also suggested that consecutive sentences should be imposed for each death caused. It is an established principle of law that sentences are served concurrently when they relate to the same course of events, and consecutively when they relate to separate incidents. The court will impose a sentence length that reflects the seriousness of the offending behaviour. Therefore, in circumstances where multiple deaths were the result of a single incident, concurrent sentences will be imposed by the court, but it will take account of the number of victims when setting the overall length of the sentence.

Where are we today, and why are we still debating this subject in Westminster Hall, rather than the Chamber of the House of Commons? Four months after the publication of the consultation findings, the law remains unchanged and, as of today, no Government time has been allocated to implement those changes. That can be of no comfort to the family of John Hickinbottom, whose killer recently received a seven-year sentence for killing John in Walsall while speeding. The court heard that on Friday 9 June 2017, Craig Edwards got behind the wheel, despite pleas from his mother to hand over the keys to his BMW because he was drunk. He travelled just a quarter of a mile before losing control of the car as it sped at almost twice the 30 mph limit along Bentley Road North in Walsall.