In reply to cb_6:
> Sounds like he still got 10 years for the most serious offences of killing the two men.
Sounds to me like he got off rather lightly. The maximum sentence for a level 1 offence, defined by the CPS as "driving that involved a deliberate decision to ignore (or a flagrant disregard for) the rules of the road and an apparent disregard for the great danger being caused to others", is fourteen years. Reference:
https://www.cps.gov.uk/legal/s_to_u/sentencing_manual/death_by_dangerous_dr...
The maximum sentence was raised from ten year in 2004. The CPS say: "Level 1 is that for which the increase in maximum penalty was aimed primarily." They go on to say: "Where an offence involved both of the determinants of seriousness identified, particularly if accompanied by aggravating factors such as multiple deaths or injuries, or a very bad driving record, this may move an offence towards the top of the sentencing range." Multiple deaths: check. Very bad driving record: check (he was disqualified, you don't get that for parking violations). The "two determinants of seriousness" are
a prolonged, persistent and deliberate course of very bad driving and
consumption of substantial amounts of alcohol or drugs leading to gross impairment. Looks like he's bang to rights on the second point. If driving a stolen car at up to 70 in a 30 limit doesn't meet the first criterion then I'd like to know what does.
None of the mitigating factors listed by the CPS seem to apply, while at least one of the aggravating factors (
Other offences committed at the same time, such as driving other than in accordance with the terms of a valid licence; driving while disqualified; driving without insurance; taking a vehicle without consent; driving a stolen vehicle) clearly does. (Does being convicted for specific offences which are listed as aggravating factors confuse the sentencing for the main offence?)
I wonder whether the CPS have considered appealing against the sentence?
As to whether it should be manslaughter, these web pages have some pertinent background:
http://forum.ctc.org.uk/viewtopic.php?f=6&t=17528
http://www.murdermap.co.uk/pages/blog_01/blog_item.asp?Blog_01ID=239
From that second link, the CPS own words on the subject are:
Gross negligence manslaughter should not be charged unless there is something to set the case apart from one where one of the statutory offences [death by dangerous driving etc] can be proved. This will normally be evidence to show a very high risk of death, making the case one of the utmost gravity.
As a matter of law it is more difficult to prove an offence of gross negligence manslaughter than it is to prove an offence of causing death by dangerous driving. It is not necessary to have evidence of an obvious and serious risk of death to prove an offence of causing death by dangerous driving. All that is required is evidence that the driving was dangerous and that the driving caused the death of another person.
One might be tempted to ask: if driving at 70 in 30 limit while 2.5 times over the blood alcohol limit doesn't "show a very high risk of death", then what does?