Barks wrote:...- now that is out of the way, are the CPS able not to still bring a DAngerous Driving prosecution if they believe the evidence is sufficiently strong to give a realistic prospect of conviction. But they appear to see the admission of the lower charge asa ‘success’ whereas the bereaved family see this as the perpetrator evading justice. Or does the admission of Careless Driving legally stop any further prosecution?
In circumstances such as these, when a defendant pleads not guilty to the charge but indicates a willingness to plead guilty to a lesser charge, then the prosecution has to make a decision whether or not to accept that or pursue the more serious charge. In normal circumstances, that's it. They can't work on the basis that the guilty plea to the lesser charge is in the bag so they can then safely run the more serious charge.
FWIW, this sort of thing happens all the time, especially with things like reducing a murder charge to manslaughter or reducing section 18 GBH so section 20. It's also worth remembering that the offence of causing death by careless driving is a relatively recent addition and when it was being considered before that, there were predictions that this is exactly what would happen.
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PS. This from the Daily Mail seems to be the most comprehensive account of the latest court hearing, when sentencing was deferred to 31 January 2019. Here's the judge's parting shot
Judge Rhys Rowlands said Rosney's guilty plea would attract some credit when he was being sentenced but 'nowhere near as much' as it would have if it had been made when he was on trial earlier this year.
He said all sentencing options, including custody, would be open to him when Rosney was sentenced.
The joiner was disqualified from driving and released on bail until his sentencing on January 31.
https://www.dailymail.co.uk/news/articl ... other.html
