Causing injury by wanton or furious driving

s.35 Offences against the Person Act 1861 · Crown Court

Sentencing framework

The guideline categorizes offences based on culpability and harm, determining a starting point for sentencing based on these factors. Sentencers need to assess both the level of culpability and the harm caused to arrive at a suitable sentence within the established offence range.

Maximum sentence

2 years’ custody

Court

Crown Court

Starting point

1 year 6 months’ custody

Offence range

Fine – 2 years’ custody

Aggravating factors

·Previous convictions
·Victim was a vulnerable road user, including pedestrians, cyclists, horse riders, motorcyclists etc
·Driving for commercial purposes
·Driving a goods vehicle, PSV etc
·Other driving offences committed at or about the same time
·Blame wrongly placed on others

Mitigating factors

·No previous convictions or no relevant/recent convictions
·Good driving record
·Actions of the victim or a third party contributed significantly to collision
·Offence due to inexperience rather than irresponsibility
·Genuine emergency
·Efforts made to assist or seek assistance for victim(s)
·Remorse
·Serious medical condition requiring urgent, intensive or long-term treatment
·Sole or primary carer for dependent relatives
·Pregnancy, childbirth and post-natal care
·Difficult and/or deprived background or personal circumstances
·Prospects of or in work, training or education

Sentencing range explorer

Select the culpability level and harm category to see the guideline's starting point and category range. This is an educational illustration of the published guideline — not a sentence calculation, and not legal advice. Courts apply the full step-by-step process, aggravating and mitigating factors, and the totality principle.

Culpability

Harm

Select a culpability level and a harm category above.

The sentencing process, step by step

Step 1 — Determining the offence category
Step 2 — Starting point and category range
Step 3 — Consider any factors which indicate a reduction for assistance to the prosecution
Step 4 — Reduction for guilty pleas
Step 5 — Dangerousness
Step 6 — Totality principle
Step 7 — Compensation and ancillary orders
Step 8 — Reasons
Step 9 — Consideration for time spent on bail (tagged curfew)

Always read the full guideline

This is a one-page summary. For any live case, sentencing exercise, or legal advice the authoritative source is the Sentencing Council's own definitive guideline — including the category bands, step-by-step sentencing approach, and all statutory factors not captured here.

Open the full guideline on sentencingcouncil.org.uk

Source: Sentencing Council · Crown copyright, licensed under Open Government Licence v3.0. Summary fetched 2026-06-28. Not legal advice — see a regulated adviser for any live case.