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Causing injury by wanton or furious driving

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

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Sentencing framework

The guideline for causing injury by wanton or furious driving outlines a tiered approach to sentencing based on the offender's culpability and the harm caused. Offenders are categorized into levels of culpability—high, medium, and lower—alongside categories of harm that dictate the starting points and ranges for sentences, from community orders to custodial sentences, depending on the severity of the offense and personal circumstances.

Maximum sentence

2 years’ custody

Court

Crown Court

Offence range

Fine – 2 years’ custody

Aggravating factors

  • ·Previous convictions
  • ·Victim was a vulnerable road user, including pedestrians, cyclists, horse riders
  • ·Driving for commercial purposes
  • ·Driving LGV, HGV, PSV
  • ·Other driving offences committed at or about the same time
  • ·Blame wrongly placed on others
  • ·Offence committed whilst on bail

Mitigating factors

  • ·No previous convictions or no relevant/recent convictions
  • ·Impeccable driving record
  • ·Actions of the victim or a third party contributed significantly to collision or injury
  • ·Offence due to inexperience rather than irresponsibility
  • ·Genuine emergency
  • ·Efforts made to assist or seek assistance for victim(s)
  • ·Remorse
  • ·The victim was a close friend or relative
  • ·Serious medical condition requiring urgent, intensive or long-term treatment
  • ·Age and/or lack of maturity where it affects the responsibility of the offender
  • ·Mental disorder or learning disability
  • ·Sole or primary carer for dependent relatives

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

  1. Step 1 — Determining the offence category
  2. Step 2 — Culpability and Harm assessment
  3. Step 3 — Starting point and category range evaluation
  4. Step 4 — Considering factors that may reduce sentence for assistance to the prosecution
  5. Step 5 — Reduction for guilty pleas
  6. Step 6 — Totality principle
  7. Step 7 — Consideration for time spent on bail
  8. Step 8 — Determine compensation and ancillary orders

Guideline notes

  • A fine can be imposed as an alternative to a community order if appropriate. The maximum sentence for this offence is 2 years’ custody. All sentences must reflect the seriousness of the offence and take into account the financial circumstances of the offender.

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.