Community service and suspended expulsion for involuntary manslaughter

Case no. 2/2018
Judgment delivered on 5 April 2018

The Public Prosecutor
vs.
T

T was the driver of a passenger car that collided with another car in an intersection. The driver of the other vehicle was killed. T had driven at the speed of at least 117 km/h on a road with a speed limit of 80 km/h. The driver of the other car had violated his duty to give way.

The case concerned whether T's driving was particularly reckless, which could lead to a sentence for involuntary manslaughter under particularly aggravating circumstances, or whether he could only be held to have shown serious disregard for road safety without aggravating circumstances.

The Supreme Court found that T had shown serious disregard for road safety, but that his driving was not to be considered particularly reckless, which meant that he could not be found guilty of involuntary manslaughter under particularly aggravating circumstances.

The majority of the Supreme Court held that T should be sentenced to imprisonment for 30 days, which was made suspended on the condition of community service.

In addition, T’s driving licence was conditionally suspended.

Finally, the Supreme Court held that the claim for expulsion of T should not be upheld, and he was sentenced to conditional expulsion.

With regard to the issue of community service and the issue of expulsion, the High Court had reached a different conclusion.