The Charge - Careless Driving.
The Facts (as reported!) - a person driving her sibling's car, without insurance; immediately prior to the accident she had overtaken another vehicle - on the A495, a single-lane-each-way road in a heavily built up area. She lost control of the vehicle and as a direct result, another road user died.
The Technicality: CPS could not prove the loss of control was not the result of mis-matched tyres on the vehicle. Quoted the tyre manufacturer specification that the two tyres concerned should not be used together.
Why this shouldn't matter: Under the DVLA definition of a driver's legal responsibility, the driver should have had insurance - she did not. That alone should indicate a careless driving charge, before she even turned the key. Also, the laws concerning vehicle maintenance under the Highwway Code don't specify mismatched tyres as far as I can see - just that they're in good condition and correctly inflated. Speculatively I'm willing to wager whomever she overtook could help prove she exceeded the speed limit in her overtaking manoevre and was also either at or above the speed limit when the incident occurred, driving too fast for the road conditions in a built up and busy area. What was the prodecution response to the defence claim that because the tyres weren't matched, the responsibility wasn't hers? Did she check these before she set off? Did she know the correct pressure as was her responsibility under the Highway Code?
"admitted a less serious charge of causing death by driving uninsured.." - MCN, not good enough. No such charge. It's 'Causing death by driving while uninsured'. You can't kill someone by not having insurance! That's saying if she'd been insured, nobody would have died.
Highway Code on Vehicle Maintenance: www.direct.gov.uk/en/TravelAndTransport/Highwaycode/DG_069871
DVLA drivers legal responsibility: http://tinyurl.com/2uywub
Sorry about the rant - this kind of sloppy prosecution makes me angry for the bereaved. 12 months disqualification? The max for the charge that the driver admitted is 2 years imprisonment. What was the justification for not handing out the maximum?