Stewart, Re [2016] EWCA Crim 2238 (16 December 2016)

Stewart, Re [2016] EWCA Crim 2238 (16 December 2016)

The offender's conduct constituted a deliberate and flagrant disregard for safety and training, justifying categorisation as level 1 under the Sentencing Guidelines. The original sentence was unduly lenient; the appropriate sentence after trial is 7 years' imprisonment.

Citation
[2016] EWCA Crim 2238
Parties
Applicant: Attorney General; Respondent/offender: William Anthony Stewart
Jurisdiction
England and Wales
Judgment Date
16 December 2016
Procedural Posture
Criminal Appeal (reference Under S.36 Criminal Justice Act 1988) / Appeal Against Sentence; Reference for Unduly Lenient Sentence
Outcome
Appeal allowed; sentence increased
Legal Topics
Causing Death by Dangerous Driving, Sentencing Guidelines, Unduly Lenient Sentence, Categorisation of Offence
Criminal Law Sentencing Causing Death by Dangerous Driving Sentencing Guidelines Unduly Lenient Sentence Categorisation of Offence

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Parties

Attorney General

Applicant

William Anthony Stewart

Respondent/offender

Procedural Posture

Criminal Appeal (reference Under S.36 Criminal Justice Act 1988) / Appeal Against Sentence; Reference for Unduly Lenient Sentence

Legal Issues

  1. 1 Was the original sentence for causing death by dangerous driving unduly lenient?
  2. 2 What is the correct categorisation of the offence under sentencing guidelines?

Ratio Decidendi

The offender's conduct constituted a deliberate and flagrant disregard for safety and training, justifying categorisation as level 1 under the Sentencing Guidelines. The original sentence was unduly lenient; the appropriate sentence after trial is 7 years' imprisonment.

Court Disposition

Appeal allowed; sentence increased

Orders

  • Original sentence quashed
  • Substituted sentence of 7 years' imprisonment