Attorney General's Reference No 76 Of 2002 [2002] EWCA Crim 2344 (3 October 2002)

Attorney General's Reference No 76 Of 2002 [2002] EWCA Crim 2344 (3 October 2002)

Although the sentence was lenient, it was within the proper exercise of the judge's sentencing discretion given the offender's character, remorse, and the absence of aggravating factors. A non-custodial sentence was justified in this case.

Source-derived case information.

Citation
[2002] EWCA Crim 2344
Parties
Applicant: Attorney General; Offender/respondent: James Hodges
Jurisdiction
England and Wales
Judgment Date
03 October 2002
Procedural Posture
Attorney General's Reference (criminal) / Appeal Against Sentence Under S.36 Criminal Justice Act 1988
Outcome
No further order; appeal dismissed.
Legal Topics
Causing Death by Dangerous Driving, Sentencing, Attorney General's Reference, Appeal Against Leniency
Criminal Law Causing Death by Dangerous Driving Sentencing Attorney General's Reference Appeal Against Leniency

Source-derived case record

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Parties

Attorney General

Applicant

James Hodges

Offender/respondent

Procedural Posture

Attorney General's Reference (criminal) / Appeal Against Sentence Under S.36 Criminal Justice Act 1988

Legal Issues

  1. 1 Whether the sentence imposed for causing death by dangerous driving was unduly lenient

Ratio Decidendi

Although the sentence was lenient, it was within the proper exercise of the judge's sentencing discretion given the offender's character, remorse, and the absence of aggravating factors. A non-custodial sentence was justified in this case.

Court Disposition

No further order; appeal dismissed.