Airey, Attorney-General's Reference No 61 of 2009

Airey, Attorney-General's Reference No 61 of 2009

The sentence of four-and-a-half years' imprisonment was unduly lenient given the deliberate, persistent, and dangerous driving, the aggravating features present, and the sentencing guidelines. The appropriate sentence was six-and-a-half years' imprisonment for causing death by dangerous driving, with the consecutive sentence for perverting the course of justice left in place, making a total of seven years.

Parties
Applicant: Attorney General; Offender/respondent: Philip Michael Airey
Jurisdiction
England and Wales
Judgment Date
16 October 2009
Procedural Posture
Criminal Reference / Appeal/reference Under S.36 Criminal Justice Act 1988
Outcome
Sentence increased
Legal Topics
Dangerous Driving, Causing Death by Dangerous Driving, Sentencing, Perverting the Course of Justice, Unduly Lenient Sentences
Criminal Law Dangerous Driving Causing Death by Dangerous Driving Sentencing Perverting the Course of Justice Unduly Lenient Sentences

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Attorney General

Applicant

Philip Michael Airey

Offender/respondent

Procedural Posture

Criminal Reference / Appeal/reference Under S.36 Criminal Justice Act 1988

Legal Issues

  1. 1 Whether the sentence of four-and-a-half years' imprisonment for causing death by dangerous driving was unduly lenient
  2. 2 Proper categorisation of the offence under sentencing guidelines (level 1 or level 2)
  3. 3 Appropriate sentence in light of aggravating and mitigating factors

Ratio Decidendi

The sentence of four-and-a-half years' imprisonment was unduly lenient given the deliberate, persistent, and dangerous driving, the aggravating features present, and the sentencing guidelines. The appropriate sentence was six-and-a-half years' imprisonment for causing death by dangerous driving, with the consecutive sentence for perverting the course of justice left in place, making a total of seven years.

Court Disposition

Sentence increased

Orders

  • Sentence for causing death by dangerous driving increased to six-and-a-half years' imprisonment
  • Consecutive sentence of six months for perverting the course of justice left in place