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Possible penalty?
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scraped a bumper or mowed down and killed a playground full of kids??0
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Failing to Stop/Give Particulars after an accident (AC10) (AC20)
The Offence
Being the driver of a mechanically propelled vehicle, owing to the presence of which on a road an accident occurred whereby personal injury or damage was caused to another person or another vehicle or an animal not in the vehicle, or property on or near the road, then failed to stop or on being required by a person to give your name and address and the name and address of the owner and the identity mark of the vehicle, failed to do so.
Maximum Penalty
6 months imprisonment and/or fine not exceeding Level 5
Endorsement with 5-10 penalty points
Discretionary disqualification
From http://www.lawontheweb.co.uk/crimertogeneral.htm
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scraped a bumper or mowed down and killed a playground full of kids??One life.0
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From the Sentencing Council website, the published guideline which the magistrates will have to have regard to when sentencing:Triable only summarily:
Maximum: Level 5 fine and/or 6 months
Must endorse and may disqualify. If no disqualification, impose 5 – 10 points
A. Identify the appropriate starting point
Starting points based on first time offender pleading not guilty
Examples of nature of activity / Starting point / Range
Minor damage/injury or stopped at scene but failed to exchange particulars or report / Band B fine / Band B fine 5 – 6 points
Moderate damage/injury or failed to stop and failed to report / Band C fine / Band C fine 7 – 8 points Consider disqualification
Serious damage/injury and/or evidence of bad driving / High level community order / Band C fine to 26 weeks custody Disqualify 6 – 12 months OR 9 – 10 points
B. Consider the effect of aggravating and mitigating factors
(other than those within examples above)
Common aggravating and mitigating factors are identified in the pullout card –
the following may be particularly relevant butthese lists are not exhaustive
Factors indicating higher culpabilityGive reasons
1. Evidence of drink or drugs/evasion of test
2. Knowledge/suspicion that personal injury caused
(where not an element of the offence)
3. Leaving injured party at scene
4. Giving false details
Factors indicating lower culpability
1. Believed identity known
2. Genuine fear of retribution
3. Subsequently reported
Form a preliminary view of the appropriate sentence, then consider offender mitigation
Consider a reduction for guilty plea
Consider ancillary orders, including compensation
Decide sentence0
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