Not all 'death drivers'deserve prison – judge

Lord Chief Justice Sir Declan Morgan stressed the need to consider culpability in each case as he reduced the prison term imposed on a man responsible for a fatal road accident near Bushmills.

Conrad Doole, of Mount Street, Coleraine, had his 12 months' sentence cut to nine months by the Court of Appeal.

Doole, 38, was driving a transit van which struck Robert Callaghan as he walked his three greyhounds close to his home on the Causeway Road, Bushmills, last March. The victim died at the scene.

According to the Crown the motorist failed to react to a low-setting sun and reduce his speed.

Doole, who was also banned from driving for three years, claimed to have been reaching for a visor and did not see Mr Callaghan.

Delivering judgment in application to contest the sentence, Sir Declan pointed out it was the first time the offence of causing death by careless driving had come before the Court of Appeal since its introduction in July 2008.

Setting out general guidance on how sentencers should approach it, he referred to a range of tariffs recommended by the Sentencing Guidelines Council of England and Wales.

Cases falling not far short of dangerous driving have a starting point of 15 months' imprisonment, with a range of nine months to three years.

Careless driving due to momentary inattention with no aggravated factors suggest community order disposal.

In cases falling between the two ranges it recommends a nine-month starting point, with a two-year upper limit.

Sir Declan said: "Accordingly there will be occasions where the culpability of the offender will be very low.

"In such circumstances a custodial sentence will generally not be appropriate even though death has resulted.

"Such an approach does not fail to recognise the extreme distress and hurt which this offence causes to the families and friends of the deceased."

Referring to cases where the principles point to a jail term of less than six months, he said: "The imposition of a short prison sentence in such circumstances may tend to trivialise the tragedy of the death of the deceased victim, but at the same time be a disproportionate penalty for the defendant who may have a completely clear record and good character."

Turning to Doole's case, Sir Declan said his guilty plea was in his favour, but tempered by the considerable evidence to back the charge.

The judge also pointed to the "horrendous effects" the death has had on the victim's parents.

Ruling on the appeal, Sir Declan, sitting with Lord Justices Higgins and Girvan, said it was a case which required a prison sentence but was not one shading into the category close to dangerous driving.

He held: "We do not consider that any exceptional factors arise in this case and accordingly we allow the appeal to the extent of varying the term of imprisonment to one of nine months. In every other respect the sentence is affirmed."