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R v James Keith Guider

In imposing a sentence of four years’ imprisonment for causing death by dangerous driving a judge had been correct to take account of the defendant's failure to stop after the accident and his previous convictions as they were aggravating features that placed him in the intermediate culpability category.

8 September 2006

The appellant (G) appealed against a sentence of four years’ imprisonment and disqualification from driving for seven years following his conviction for causing death by dangerous driving contrary to the Road Traffic Act 1988 s.1. G knocked over and killed the victim (V) when driving his Ford Transit Tipper along a quiet residential road. V had just alighted from a friend's vehicle parked in a line of cars on the offside of the road. G drove on the wrong side of the road too close to the line of parked cars and should have been able to see V alight from the vehicle and wait for him to pass. After hitting V, G failed to stop and police found his vehicle abandoned approximately three-and-a-half miles away. G submitted that a custodial sentence of four years was too long, that the trial judge had placed too much emphasis on his failure to stop after the accident and had erred in finding his previous driving record to be an exacerbating factor. He argued that the judge had taken insuf...

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