Rivers v R

• Jurisdiction: Cayman Islands
• Judge: (Zacca, P., Georges and Kerr, JJ.A.)
• Judgment Date: 31 March 1988
• Court: Court of Appeal (Cayman Islands)
• Date: 31 March 1988

Court of Appeal

(Zacca, P., Georges and Kerr, JJ.A.)

RIVERS

and

R.

T. Shea for the appellant;

B.F. Sharman for the Crown.

Cases cited:

(1) Francis v. R., Court of Appeal, Criminal App. No. 11/83, unreported, distinguished.

(2) R. v. Boswell, [1984] 1 W.L.R. 1047; [1984] 3 All E.R. 353; (1984), 79 Cr. App. R; 277, applied.

(3) R. v. Ebanks (D.K.), 1984–85 CILR 432, considered.

(4) R. v. Guilfoyle, [1973] 2 All E.R. 844; [1973] Crim. L.R. 377; (1973), 57 Cr. App. R. 549, followed.

(5) R. v. LyonsUNK(1971), 55 Cr. App. R. 565, applied.

Road Traffic-causing death by dangerous driving-sentence-principles to be followed

The appellant was charged in the Grand Court with causing death by dangerous driving contrary to the Traffic Law, s.64.

The appellant lost control of his high-powered car on a wet road as he turned into a bend. The car skidded and collided with an oncoming motor-cyclist who suffered injuries from which she subsequently died. At the time of the accident the appellant was 20 years of age and had held a full driving licence for only two weeks.

He pleaded guilty to causing death by dangerous driving and was convicted. In mitigation the court was urged to consider his youthful age, his inexperience as a driver, his lack of previous convictions, his steady employment, respectable background and commitment to family and community.

The court (Schofield and Harre, JJ.) concluded that the appellant had been driving at a grossly excessive speed with scant regard to the safety of other road users and that a sentence should be passed to act as a deterrent to others. He was sentenced to 18 months” imprisonment and disqualified from holding a licence for 6 years.

On appeal, the appellant submitted that the sentence was too severe and relied on the mitigating factors raised in the court below.

Held, dismissing the appeal:

(1) The authorities established that sentencing on conviction for causing death by dangerous driving depended on the circumstances of the offence and the accused”s driving record:

(a) Cases of momentary inattention or misjudgment. The principal sentence should be a fine, to be coupled with disqualification from driving in the case of-

(i) an offender with a good driving record, for the minimum statutory period or only a short period, unless there were special reasons for not disqualifying at all;

(ii) an offender with an indifferent driving record, for a period of between two and four years; and

(iii) an offender with a bad driving record, for a long period of time.

(b) Cases of selfish disregard for the safety of others, including cases of recklessness and driving under the influence of drink or drugs. A custodial sentence was always indicated, to be coupled with disqualification from driving in the case of-

(i) an offender with a good or indifferent driving record, for a long period of time; and

(ii) an offender with a bad driving record, for a very long period indeed (page 79, line 25 – page 80, line 28).

(2) These principles had been properly applied in the present case. The accident and the consequent death of the motor-cyclist were clearly the fault of the appellant who had been driving on a wet road at a grossly excessive speed. Although consideration had been given to the appellant”s youthful age and to the references of good character and background, his reckless disregard for other road users at the time of the accident justified severe punishment. The sentence of 18 months” imprisonment and the disqualification for 6 years were therefore appropriate and compatible with the court”s general practice and deterrent sentencing policy (page 81, lines 26–29; page 82, lines 1–5).

GEORGES, J.A., delivering the judgment of the court: At

about 11.00 a.m. on June 14th, 1987 the appellant was driving his

Pontiac Firebird motor-car on the Batabano

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