BMW Hit & Run

[icowden]

Not really. there are strict sentencing guidelines.

https://www.cps.gov.uk/legal-guidance/road-traffic-charging

So the maximum sentence is 5 years with 2 years disqualification plus fine. The defendant pled guilty at the earliest stage which would usually carry a mitigation of a third off the sentence (so 3.5 years). However, a custodial sentence can be suspended.

https://www.sentencingcouncil.org.uk/offences/magistrates-court/item/dangerous-driving/

In the custodial guidelines here it suggests that if there is a realistic prospect of rehabilitation or strong personal circumstances then that leans towards suspension. however if there is a prior conviction, this leans towards a custodial. There will also be submissions about the plaintiff's health and mental state as these may also influence whether a stay in prison is appropriate.

In this case the Judge is just acknowledging the fact that the platiff pled guilty straight away and whilst that attracts credit he also warns that this sort of offence usually carries prison time. I think it is likely the plaintiff will spend some time in prison, but probably not as much as some people would like. It's Judge speak for " you might think that pleading guilty straight off will keep you out of prison, but that may not be the case".

 

[Milkfloat]

He did not plead guilty at the earliest stage. He 'no commented' himself in the Police and plead 'Not Guilty' at the Magistrates court.

 

[icowden]

He has mitigation for the no comment as he was unrepresented. He indicated to the court that he wished to plead guilty at that point but did not know what to do. Lack of representation is a big legal issue at the moment. It is for the sentencing judge to decide whether he accepts that though.

 

[classic33]

"No Comment" to me, is worse than choosing to say nothing.

It indicates some thought has been given prior to being questioned, to any questions that may be asked about the incident.

 

[flake99please]

I’m assuming that legal representation would have been offered, and declined by the defendant in this instance.

If that’s correct. How would a judge make allowances for lack of representation?

 

[DaveReading]

The defendant pled guilty at the earliest stage which would usually carry a mitigation of a third off the sentence (so 3.5 years).

I read the judge's comments as suggesting that there may also be aggravating factors which would increase the possible sentence.

 

[glasgowcyclist]

it is a bit worrying that the judge is hinting that a custodial sentence may not be appropriate.

These days nothing would surprise me.

Not when there are drivers being given paltry sentences for horribly violent deaths like this one: drunk driver doing 112mph in a 60mph zone drives on wrong side of the road, hits another car head on, killing its two occupants instantly and seriously injuring a passenger in his own car.

Sentence? Just five years.

 

[icowden]

i think these days everyone sees people saying "no comment" in TV dramas and some assume this is the best thing to do.
Dave - yes I agree with you. It's kind of a boilerplate speech.

Glasgowcyclist - Sentencing guidelines are given by the Sentencing Council and the Judge will have followed these in determining the sentence. A lot of consideration will have been given to aggravating and mitigating factors. the level of blood alcohol is taken into account. If he was only just above the limit this carries a lower starting point that if he is massively over the limit (for example). If his blood alcohol was 35-51 the sentencing range is 3 to 6 years. 51-70 is 6 to 9 years. 71 or over - 7 years to 14 years The design of sentencing is to balance punishment with rehabilitation, so reductions could have been made for remorse, first offence etc.

Personally I 'd rather have a reasonably well thought out system that tries to keep the punishment commensurate with the crime and the likelihood of re offending than the ludicrous system that say the USA has. That driver was an idiot but he has to live with what he has done as much as the family of the victims. Would there be benefit in keeping him in prison for longer? I've always thought that a system of resitution would be worthwhile such as once an offender has completed their sentence, having them contribute a percentage of earnings to the families of the victims or their nominated charities for example.

 

[glasgowcyclist]

Glasgowcyclist - Sentencing guidelines are given by the Sentencing Council and the Judge will have followed these in determining the sentence. A lot of consideration will have been given to aggravating and mitigating factors.

I understand all that. My criticism is not of the judge but the sentencing limitations placed upon him.

 

[icowden]

Then we agree

 

[glasgowcyclist]

Then we agree

There's a first time for everything!

 

[glasgowcyclist]

Fagan has been sentenced to 20 months’ imprisonment, disqualified for 34 months and a deprivation order in respect of the BMW.

 

[Drago]

He has mitigation for the no comment as he was unrepresented. He indicated to the court that he wished to plead guilty at that point but did not know what to do. Lack of representation is a big legal issue at the moment. It is for the sentencing judge to decide whether he accepts that though.

He'll have gone NC as he'll have been interviewed before and that's what the solicitor told him to do. He's thought, "that's easy, I don't need a solicitor to tell me that" so gone without this time. No one but no one ever goes no comment unless a solicitor tells them, or unless they have been well handled and know that this is what the solicitor will tell them.

What he didn't know is that solicitors advise NC, even when a simple denial might end the case there, to make it more likely their client gets to court and thus earn a second pay day for their firm. Legal aid solicitors are often as dodgy are their clients in the way they manipulate the system to suit their own ends.

 

[Slick]

Fagan has been sentenced to 20 months’ imprisonment, disqualified for 34 months and a deprivation order in respect of the BMW.

Sounds light to me, but better than nothing.

 

[glasgowcyclist]

Sounds light to me, but better than nothing.

Yes, although I do like the imposition of a deprivation order. This should be used more widely.