| Source: | All England Reporter |
| Publisher Citation: | [2007] All ER (D) 195 (Mar) |
| Court: | Court of Appeal, Criminal Division |
| Judge: | Scott Baker LJ, Owen J and Judge Radford |
| Representation | David Callan (assigned by the Registrar of Criminal Appeals) for the defendant. |
| Judgment Dates: | 12 March 2007 |
Catchwords
Road traffic - Dangerous driving - Causing death by dangerous driving - No aggravating features - Defendant being sentenced to two years' imprisonment - Whether sentence manifestly excessive.
The Case
Road traffic Dangerous driving. In the case of a defendant, who had been sentenced to two years' imprisonment following a conviction for causing death by dangerous driving, the sentence was manifestly excessive in the light of the fact that the instant case had involved a serious error of judgment, and there had been no aggravating features such as to lift the case to the category of 'intermediate culpability' category. Further, the defendant was of previous good character, had an impeccable driving record; and was remorseful. The sentence of two years' imprisonment would be quashed and substituted by a sentence of 18 months' imprisonment.
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