Stewart, Re

Stewart, Re

The sentence imposed was unduly lenient because the offender's conduct constituted level 1 offending under the Sentencing Guidelines: a deliberate and flagrant disregard for the rules of the road and the safety of others, justifying a starting point of 8 years' custody. The appropriate sentence after trial was 7 years' imprisonment, and the sentence was increased accordingly.

Parties
Applicant: Attorney General; Offender/respondent: William Anthony Stewart
Jurisdiction
England and Wales
Judgment Date
16 December 2016
Procedural Posture
Criminal Reference (unduly Lenient Sentence) / Appeal Against Sentence Under S.36 Criminal Justice Act 1988
Outcome
Appeal allowed; sentence increased
Legal Topics
Causing Death by Dangerous Driving, Sentencing Guidelines, Unduly Lenient Sentence Reference
Criminal Law Sentencing Causing Death by Dangerous Driving Sentencing Guidelines Unduly Lenient Sentence Reference

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Parties

Attorney General

Applicant

William Anthony Stewart

Offender/respondent

Procedural Posture

Criminal Reference (unduly Lenient Sentence) / 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
  2. 2 Proper categorisation of the offence under the Sentencing Guidelines

Ratio Decidendi

The sentence imposed was unduly lenient because the offender's conduct constituted level 1 offending under the Sentencing Guidelines: a deliberate and flagrant disregard for the rules of the road and the safety of others, justifying a starting point of 8 years' custody. The appropriate sentence after trial was 7 years' imprisonment, and the sentence was increased accordingly.

Court Disposition

Appeal allowed; sentence increased

Orders

  • Original sentence of 4 years 6 months' imprisonment quashed and substituted with 7 years' imprisonment
  • Disqualification from driving increased to 8.5 years (including extended retest requirement)