Dobby, R v (Rev 1)

Dobby, R v (Rev 1)

The sentence imposed was not unduly lenient. The judge properly considered all aggravating and mitigating factors, was entitled to have regard to the sentencing regime for causing death by dangerous driving, and imposed a sentence above the statutory maximum for that offence. There was no error in approach, and the...

Source-derived case information.

Parties
Applicant: Attorney General; Respondent/offender: Joshua Mark Dobby
Jurisdiction
England and Wales
Judgment Date
24 May 2017
Procedural Posture
Criminal Appeal / Attorney General's Reference Under Section 36 of the Criminal Justice Act 1988; Appeal Against Sentence
Outcome
Appeal dismissed; sentence upheld
Legal Topics
Gross Negligence Manslaughter, Causing Death by Dangerous Driving, Sentencing, Attorney General's Reference, Dangerous Driving
Criminal Law Gross Negligence Manslaughter Causing Death by Dangerous Driving Sentencing Attorney General's Reference Dangerous Driving

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Parties

Attorney General

Applicant

Joshua Mark Dobby

Respondent/offender

Procedural Posture

Criminal Appeal / Attorney General's Reference Under Section 36 of the Criminal Justice Act 1988; Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed for gross negligence manslaughter was unduly lenient
  2. 2 Appropriate sentencing approach for manslaughter arising from dangerous driving
  3. 3 Distinction between manslaughter and causing death by dangerous driving in sentencing

Ratio Decidendi

The sentence imposed was not unduly lenient. The judge properly considered all aggravating and mitigating factors, was entitled to have regard to the sentencing regime for causing death by dangerous driving, and imposed a sentence above the statutory maximum for that offence. There was no error in approach, and the sentence was within the range properly open to the judge.

Court Disposition

Appeal dismissed; sentence upheld

Orders

  • Leave to refer granted due to the importance and unusual circumstances of the case
  • Appeal against sentence dismissed