Wall, R v

Wall, R v

The sentence of two years' imprisonment was not unduly lenient. The offence was correctly categorised as Level 3, with a starting point of three years. The judge was entitled to reduce the sentence to two years due to significant personal mitigation, and there was no basis to interfere with the sentence imposed.

Parties
Prosecutor: Regina; Offender: Glenn Wall
Jurisdiction
England and Wales
Judgment Date
27 March 2018
Procedural Posture
Criminal Appeal (reference by Attorney General) / Sentence Review Under S.36 Criminal Justice Act 1988
Outcome
Reference dismissed; sentence upheld
Legal Topics
Causing Death by Dangerous Driving, Sentencing Guidelines, Attorney General's Reference, Unduly Lenient Sentence
Criminal Law Causing Death by Dangerous Driving Sentencing Guidelines Attorney General's Reference Unduly Lenient Sentence

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Parties

Regina

Prosecutor

Glenn Wall

Offender

Procedural Posture

Criminal Appeal (reference by Attorney General) / Sentence Review Under S.36 Criminal Justice Act 1988

Legal Issues

  1. 1 Whether the sentence imposed for causing death by dangerous driving was unduly lenient
  2. 2 Proper categorisation of the offence under sentencing guidelines

Ratio Decidendi

The sentence of two years' imprisonment was not unduly lenient. The offence was correctly categorised as Level 3, with a starting point of three years. The judge was entitled to reduce the sentence to two years due to significant personal mitigation, and there was no basis to interfere with the sentence imposed.

Court Disposition

Reference dismissed; sentence upheld

Orders

  • Leave to refer granted
  • No variation of sentence; sentence of two years' imprisonment stands