Kristian Johnson’s Law. Life sentences for Death by Careless & Dangerous Driving

Kristian Johnson was killed by a drink driver who was more than twice the legal limit. His killer was sentenced to 3 years for Causing Death by Careless Driving and is eligible for release from prison in 18 months. We want appropriate justice. Appropriate justice is a life sentence for these crimes.

Kristian's killer was convicted of causing death by 'Careless Driving' rather than 'Dangerous Driving' - a crime which carries a maximum sentence of just 5 years. 18 months in prison is not justice for killing someone and is unlikely to deter future drink-driving. The sentence does not fit the crime. The impact to the lives of the victim’s family is incomprehensible and a sentence of 18 months further damages the family. Kristian was 24, of good health and should have had a full life ahead of him. Instead it was cut tragically short.

We are asking the Government to increase the maximum penalty to life sentences for death by careless driving as they promised in October 2017 and those convicted should serve a minimum of 15 years.

We were very sorry to read of the tragic death of Kristian Johnson; our sympathies are with his family and friends.

No sentence can make up for the loss of a loved one and whilst many deaths and injuries are the result of a tragic accident, too many of these incidents involve criminal behaviour. Every avoidable death on our roads is one too many.

The government response to the consultation on driving offences and penalties relating to causing death or serious injury, published in 2017, confirmed proposals to increase the maximum penalty for causing death by dangerous driving and for causing death by careless driving whilst under the influence of drink or drugs from 14 years to life; and to create a new offence of causing serious injury by careless driving. Increasing the maximum penalty to life will enable the courts to impose a life sentence or any lesser sentence, including a determinate sentence of any length.

Sentencing must be proportionate to the offence committed. To allow judges to take into account all circumstances of the case, the normal practice is for Parliament to set maximum penalties and for the courts to determine the appropriate sentence, having regard to the facts of an individual case. Minimum sentences are therefore rarely used in criminal law in England and Wales, but even where they are introduced the court retains a discretion not to impose the sentence where it would be unjust to do so in a particular case.