Scott, R. v [2023] EWCA Crim 712 (10 May 2023)

Scott, R. v [2023] EWCA Crim 712 (10 May 2023)

The discretionary period of driving disqualification imposed was manifestly excessive and failed to consider the impact on rehabilitation; the appropriate period is six years (four years discretionary plus two years uplift). The overall sentence of four years' imprisonment stands as intended by the sentencing judge.

Citation
[2023] EWCA Crim 712
Parties
Prosecution: Rex; Appellant: Aaron Scott
Jurisdiction
England and Wales
Judgment Date
10 May 2023
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Dangerous Driving, Possession of Offensive Weapon, Assault Occasioning Actual Bodily Harm, Driving Without Insurance, Sentencing, Disqualification From Driving
Criminal Law Dangerous Driving Possession of Offensive Weapon Assault Occasioning Actual Bodily Harm Driving Without Insurance Sentencing Disqualification From Driving

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Parties

Rex

Prosecution

Aaron Scott

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the period of driving disqualification imposed was manifestly excessive
  2. 2 Whether the overall sentence was properly pronounced and recorded

Ratio Decidendi

The discretionary period of driving disqualification imposed was manifestly excessive and failed to consider the impact on rehabilitation; the appropriate period is six years (four years discretionary plus two years uplift). The overall sentence of four years' imprisonment stands as intended by the sentencing judge.

Court Disposition

appeal allowed in part

Orders

  • Quash the original disqualification order
  • Substitute a disqualification from driving for six years (four years discretionary plus two years uplift) and until an extended test is passed