Road Traffic Offences

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R v. McMullan (09/09/92)
Hutton LCJ
Taking motor vehicle without owner's consent; criminal damage; reckless driving; driving whilst uninsured and disqualified - "joyrider" - concurrent and consecutive sentences and operation of previously imposed suspended sentence.
R v. Boyd (14/06/96)
MacDermott LJ
Theft of car; driving whilst uninsured and disqualified; and reckless driving - "joyrider" - deterrent sentence - offence charged under Theft Act.
R v. McCullagh (11/09/97)
Carswell LCJ
Driving whilst disqualified and dangerous driving - young offender - consecutive sentences - disqualification from driving for life.
R v. Sloan [1998] NI 58
MacDermott LJ and McCollum LJ
Dangerous driving - causing death or grievous bodily harm - circumstances aggravating offence and circumstances mitigating offence - length of appropriate custodial sentence.
R v. Mullan (24/04/98)
MacDermott LJ
Causing death by careless driving when under influence of drink - salient factors to the extent of the carelessness - "hit and run" accident - plea of guilty.
Attorney General's Reference (No.1 of 1998) (McElwee) [1998] NI 232
Carswell LCJ
Unduly lenient sentence - dangerous driving causing grievous bodily harm; driving without insurance; driving whilst disqualified; and drink driving - previous bad record of driving offences - whether right to make a custody probation order - guidance of use of this sentencing power.
R v. McShane [1998] NIJB 64
MacDermott LJ
Dangerous driving and driving whilst disqualified - discount for guilty plea - when maximum sentence may be imposed on a guilty plea.
Attorney General's Reference (Nos.2, 6, 7 and 8 of 2003) [2003] NICA 28
Carswell LCJ, Nicholson LJ and Kerr J
Sentence imposed by the court was unduly lenient - causing death by dangerous driving - causing grievous bodily injury by dangerous driving - causing death by careless driving when under the influence of drink
R v. McElhone [2004] NICA 46
Kerr LCJ, Campbell LJ and Sheil LJ
Death by dangerous driving - youth of driver - mitigation
R v. McCartney (Thomas Anthony) [2007] NICA 41
Kerr LCJ and Higgins LJ
Appeal against sentence - causing grievous bodily injury by dangerous driving, causing death by dangerous driving, no insurance
Attorney General's Reference (No.2 of 2008) (McGinn) [2008] NICA 40
Kerr LCJ, Campbell LJ and Higgins LJ
Death by dangerous driving - youth of driver - mitigation
R v. Conrad Doole [2010] NICA 11
Morgan LCJ, Higgins LJ and Girvan LJ
Causing death by careless driving - Article 11A, Road Traffic (NI) Order 1995 - first guidance - assistance from Sentencing Guidelines Council Guideline
R v. James John Stewart Caswell [2011] NICA 71
Morgan LCJ, Girvan LJ and Coghlin LJ
Causing grievous bodily injury by dangerous driving – need for sentencing court to establish factual basis of plea – proper approach to use of Guidelines – culpability rarely judged by consequence being serious injury rather than death.