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SENTENCING: R v CHARLOTTE LOUISE ROBERTS

Although a starting point of two-and-a-half to three years’ imprisonment had been too high for an offence of causing death by careless driving where a woman of previous good character had collided with a 79-year-old man crossing the road when over the prescribed alcohol limit, a sentence of 15 months’ imprisonment after trial had been appropriate in the circumstances.

21 September 2012

ROAD TRAFFIC

CA (Crim Div) - Pill LJ, Flaux J, Holroyde J

14 September 2012

The appellant (R) appealed against a sentence of 15 months’ imprisonment imposed following trial for an offence of causing death by careless driving when over the prescribed alcohol limit.

R, who was 35 years old, of previous good character and who had a previously clean driving record, had driven her car at 6.30am after consuming a substantial amount of alcohol during the evening before. Whilst driving at the speed limit she collided with a 79-year-old man who had been crossing the road. He died of his injuries in hospital. An alcohol breath test completed at the scene revealed that she had been over the limit. Back calculation was applied to the results of a further test at the station and it was concluded that she had had between 45 and 61mg of ...

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