Jones v Crown Prosecution Service & Anor

Jones v Crown Prosecution Service & Anor

The Crown Court has power under section 48 of the Senior Courts Act 1981 to vary sentence de novo even where another Crown Court has sentenced on committal; careless driving cannot be established solely by reference to the physical condition of the driver, but must relate to the manner of driving.

Parties
Appellant: Adrian Jones; Respondent: Crown Prosecution Service; Interested Party: Croydon Crown Court
Jurisdiction
England and Wales
Judgment Date
24 October 2019
Procedural Posture
Criminal Appeal by Way of Case Stated / Judgment on Appeal
Outcome
Appeal allowed in part; conviction for careless driving quashed; sentences varied.
Legal Topics
Careless Driving, Dangerous Driving, Sentencing Powers, Appeal Procedure
Criminal Law Road Traffic Law Careless Driving Dangerous Driving Sentencing Powers Appeal Procedure

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Parties

Adrian Jones

Appellant

Crown Prosecution Service

Respondent

Croydon Crown Court

Interested Party

Procedural Posture

Criminal Appeal by Way of Case Stated / Judgment on Appeal

Legal Issues

  1. 1 Does the Crown Court have power under section 48 of the Senior Courts Act 1981 to re-determine sentence de novo where another Crown Court has sentenced on committal for sentence prior to appeal?
  2. 2 Can an offence of careless driving be established based solely upon the physical condition of a person when driving?

Ratio Decidendi

The Crown Court has power under section 48 of the Senior Courts Act 1981 to vary sentence de novo even where another Crown Court has sentenced on committal; careless driving cannot be established solely by reference to the physical condition of the driver, but must relate to the manner of driving.

Court Disposition

Appeal allowed in part; conviction for careless driving quashed; sentences varied.

Orders

  • Conviction for careless driving reversed and quashed.
  • Sentence for failing to provide a specimen varied to £10 fine with 1 day’s imprisonment in default, deemed served, and licence endorsed.