Attorney General's Reference (No 2, 6, 7 and 8 of 2003)
| Jurisdiction | Northern Ireland |
| Judge | Carswell LCJ |
| Judgment Date | 2003,11 July 2003 |
| Neutral Citation | [2003] NICA 28 |
| Court | Court of Appeal (Northern Ireland) |
| Year | 2003 |
| Date | 11 July 2003 |
1
Neutral Citation No. [2003] NICA 28
Ref:
CARC3983
Judgment: approved by the Court for handing down Delivered:
11.07.2003
(subject to editorial corrections)
IN HER MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND
_____
REFERENCE BY HER MAJESTY’S ATTORNEY GENERAL FOR
NORTHERN IRELAND (NO 2 OF 2003) (GAVIN JAMES ROBINSON)
REFERENCE BY HER MAJESTY’S ATTORNEY GENERAL FOR
NORTHERN IRELAND (NO 6 OF 2003) (GRAEME HUMPHREYS)
REFERENCE BY HER MAJESTY’S ATTORNEY GENERAL FOR
NORTHERN IRELAND (NO 7 OF 2003) (COLM PETER McGUONE)
REFERENCE BY HER MAJESTY’S ATTORNEY GENERAL FOR
NORTHERN IRELAND (NO 8 OF 2003) (DEAN NOEL JAMES)
_____
Before: Carswell LCJ, Nicholson LJ and Kerr J
_____
CARSWELL LCJ
Introduction
[1] The matters with which we shall deal in this judgment are four
references brought by the Attorney General for Northern Ireland under
section 36 of the Criminal Justice Act 1988. Two of the cases concern causing
death by dangerous driving, contrary to Article 9 of the Road Traffic
(Northern Ireland) Order 1995 (the 1995 Order), one causing grievous bodily
injury by dangerous driving, contrary to the same provision, and one causing
death by careless driving when under the influence of drink, contrary to
Article 14 of the 1995 Order. In each of the cases the Attorney General sought
leave to bring the reference, on the ground that the sentence imposed by the
court was unduly lenient. We gave leave in each case and proceeded with the
references. We considered a fifth reference, also concerning causing death by
dangerous driving, but adjourned it after hearing argument in order to obtain
a pre-sentence report. We shall give our decision in the last-mentioned case
in a separate judgment at a later date.
2
Death and Injury on the Roads
[2] The incidence of death and injury caused by road traffic accidents has
been the subject of increasing public and Parliamentary concern over a
number of years. The Attorney General in opening the case referred to
published figures which show that 13,000 people are injured on the roads in
Northern Ireland each year, some 1600 seriously, and 150 are killed. In the
last ten years the annual total of road casualties has risen by 25 per cent. The
cost to the economy of Northern Ireland is estimated at over £100 million per
annum.
[3] That increasing concern has been reflected both in legislation and in the
pattern of sentencing for offences such as those which are before this court.
Maximum sentences have been lengthened and legislation is now proposed
which would increase them further. The courts have responded to the
intention of Parliament, which is based upon a general public view that
judges should pass heavier sentences than in the past on drivers who commit
such offences, both by way of punishment and in order to attempt to deter
others from behaving in the same anti-social fashion. As Kay LJ stated in
Attorney General’s Reference No 56 of 2002 (Nnamdi Megwa) [2003] 1 Cr App R
(S) 476 at 483:
“ … there can be no question at all but that the
courts have reacted to the views of Parliament and
the views of the public about matters of this kind,
and sentences that would have been deemed
appropriate 10 years ago now would not begin to
be considered to be right. Sentences have been
very substantially increased. It is necessary for
any judge sentencing in matters of this kind to take
that on board and to pass a sentence that properly
gives effect to that general increase.”
The Legislation
[4] Dangerous driving causing the death of or grievous bodily injury to
another person is made an offence by Article 9 of the 1995 Order. Dangerous
driving simpliciter is governed by Article 10, and causing death or grievous
bodily injury by driving without due care and attention, having consumed
alcohol over the prescribed limit, is made an offence by Article 14. The
maximum penalty for offences under Article 9 or Article 14 is ten years’
imprisonment, whereas for dangerous driving it is two years. These limits are
at present subject to Parliamentary review, but it appears likely that there will
continue to be a disparity between the sentences which may be imposed for
these offences, reflecting the importance which Parliament considers should
To continue reading
Request your trial
29 cases
-
Queen v Martin Nelson
...gave consideration to the guideline decisions of this court in Attorney General’s Reference Numbers 2, 6, 7 and 8 (Robinson and Others) [2003] NICA 28 and R v McCartney [2007] NICA 41 at [35]–[36]. He noted the continuing currency of this guidance as evidenced by R v Stewart [2017] NICA 1 a......
-
Director of Public Prosecution's Reference (No 17) of 2013 - Ryan McDowell
...based in law as it is in literature.” We would also refer to the words of Carswell LCJ in Attorney General’s Reference (Nos 2, 6, 7 and 8) [2004] NI 50 when, after referring to guideline schemes of sentencing, he went on to observe that: “We would, however, remind sentencers of the importan......
-
Ryan McDowell, Attorney General's Reference (No 17 of 2013)
...based in law as it is in literature.” We would also refer to the words of Carswell LCJ in Attorney General’s Reference (Nos 2, 6, 7 and 8) [2004] NI 50 when, after referring to guideline schemes of sentencing, he went on to observe that: “We would, however, remind sentencers of the importan......
-
R v Patricia McGrade
...that there is no criticism as a matter of principle which can be made of it. 6 [16] In A-G's Reference (Nos 2, 6, 7 and 8 of 2003) [2003] NICA 28 this court adopted the categorisation of circumstances in relation to culpability set out in R v Cooksley [2003] EWCA Crim 996. The range of sent......
Request a trial to view additional results