Fitzgerald, R. v [2024] EWCA Crim 414 (16 April 2024)
The sentence, though lenient, was not unduly lenient as it fell within the range reasonably open to the sentencing judge, who carefully considered all aggravating and mitigating factors and explained his reasoning.
- Citation
- [2024] EWCA Crim 414
- Parties
- Prosecution: Rex; Offender: Scott Fitzgerald
- Jurisdiction
- England and Wales
- Judgment Date
- 16 April 2024
- Procedural Posture
- Attorney General's Reference (criminal) / Application for Leave to Refer Sentence as Unduly Lenient Under Section 36 of the Criminal Justice Act 1988
- Outcome
- Application for leave refused
- Legal Topics
- Sentencing, Causing Death by Dangerous Driving, Unduly Lenient Sentences, Aggravating and Mitigating Factors
Case Brief
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Parties
Rex
Prosecution
Scott Fitzgerald
Offender
Procedural Posture
Attorney General's Reference (criminal) / Application for Leave to Refer Sentence as Unduly Lenient Under Section 36 of the Criminal Justice Act 1988
Legal Issues
- 1 Whether the sentence imposed for causing death by dangerous driving was unduly lenient under section 36 of the Criminal Justice Act 1988
Ratio Decidendi
The sentence, though lenient, was not unduly lenient as it fell within the range reasonably open to the sentencing judge, who carefully considered all aggravating and mitigating factors and explained his reasoning.
Court Disposition
Application for leave refused
Orders
- Application for leave to refer sentence under section 36 of the Criminal Justice Act 1988 refused
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