Haslam, R. v [2023] EWCA Crim 661 (23 May 2023)

Haslam, R. v [2023] EWCA Crim 661 (23 May 2023)

The increase in the statutory maximum sentence for causing death by dangerous driving under the 2022 Act does not warrant an increase in sentences for level 2 and 3 offences pending revision of the Sentencing Council Guideline. The sentencing judge erred in categorising the offence as level 3; it was properly level 2. However, the sentence, though lenient, was not unduly lenient and does not warrant appellate intervention.

Citation
[2023] EWCA Crim 661
Parties
Prosecution: Rex; Offender: Liam Haslam
Jurisdiction
England and Wales
Judgment Date
23 May 2023
Procedural Posture
Criminal Reference Under S.36 Criminal Justice Act 1988 / Court of Appeal Judgment on Attorney General's Reference
Outcome
Reference dismissed
Legal Topics
Sentencing, Causing Death by Dangerous Driving, Sentencing Council Guidelines, Unduly Lenient Sentences, Police, Crime, Sentencing and Courts Act 2022
Criminal Law Sentencing Causing Death by Dangerous Driving Sentencing Council Guidelines Unduly Lenient Sentences Police, Crime, Sentencing and Courts Act 2022

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Parties

Rex

Prosecution

Liam Haslam

Offender

Procedural Posture

Criminal Reference Under S.36 Criminal Justice Act 1988 / Court of Appeal Judgment on Attorney General's Reference

Legal Issues

  1. 1 Whether the increase in maximum sentence for causing death by dangerous driving under the Police, Crime, Sentencing and Courts Act 2022 should affect sentences for level 2 and 3 offences
  2. 2 Whether the sentencing judge erred in categorising the offence as level 3 rather than level 2 under the Sentencing Council Guideline
  3. 3 Whether the sentence imposed was unduly lenient

Ratio Decidendi

The increase in the statutory maximum sentence for causing death by dangerous driving under the 2022 Act does not warrant an increase in sentences for level 2 and 3 offences pending revision of the Sentencing Council Guideline. The sentencing judge erred in categorising the offence as level 3; it was properly level 2. However, the sentence, though lenient, was not unduly lenient and does not warrant appellate intervention.

Court Disposition

Reference dismissed

Orders

  • Leave to refer granted
  • Reference dismissed; sentence not increased