Aggravated vehicle taking – death caused

The structured 5-step process

1. Offence category. Determine harm and culpability (usually 1-3 each) — this gives a 3×3 grid.
2. Starting point and range. The guideline specifies a starting-point sentence for each cell of the grid plus a range above and below.
3. Adjust for factors. Apply statutory and offence-specific aggravators (e.g. previous convictions, on bail, hate motivation) and mitigators (e.g. first offence, age, sole carer status).
4. Guilty-plea reduction. Up to one-third reduction for plea at first reasonable opportunity (sliding scale down to 10% if pleaded at trial).
5. Totality, ancillaries, reasons. Consider concurrent/consecutive sentences, ancillary orders (compensation, restraining, driving disqualification, victim surcharge), and give reasons.

Factors increasing seriousness

Verbatim from the Sentencing Council guideline (non-exhaustive list).

• Previous convictions
• Offence committed whilst on bail
• Offence motivated by, or demonstrating hostility based on any of the following characteristics or presumed characteristics of the victim: religion, race, disability, sexual orientation or transgender identity
• Vehicle taken as part of burglary
• Taken vehicle was an emergency vehicle
• Taken vehicle belongs to a vulnerable person
• Disregarding warnings of others
• Victim was providing a public service or performing a public duty at the time of the offence, or was an emergency worker
• Victim was a vulnerable road user, including pedestrians, cyclists, horse riders, motorcyclists etc
• Taken vehicle is an LGV, HGV or PSV etc
• Other driving offences committed at the same time (see step 5 on totality)
• Blame wrongly placed on others
• Failed to stop and/or obstructed or hindered attempts to assist at the scene
• Passengers in the offender’s vehicle, including children

Factors reducing seriousness or reflecting personal mitigation

Verbatim from the Sentencing Council guideline (non-exhaustive list).

• Actions of the victim or a third party contributed significantly to collision or death
• Efforts made to assist or seek assistance for victim(s)
• The victim was a close friend or relative
• No previous convictions or no relevant/recent convictions
• Remorse
• Positive character and/or exemplary conduct (regardless of previous convictions)
• Serious medical conditions requiring urgent, intensive or long-term treatment
• Mental disorder, learning disability
• Age and/or lack of maturity (which may be applicable to offenders aged 18-25)
• Sole or primary carer for dependent relatives
• Pregnancy, childbirth and post-natal care