Attorney General's Reference No 10 of 2004 [2004] EWCA Crim 1530 (29 April 2004)

Attorney General's Reference No 10 of 2004 [2004] EWCA Crim 1530 (29 April 2004)

The original sentence was unduly lenient because the offender drove knowing his diabetic control was unstable, after taking drugs, without a licence or insurance, and with a child passenger, placing the case in the highest culpability category per Cooksley. The proper sentence, after full mitigation and double...

Source-derived case information.

Citation
[2004] EWCA Crim 1530
Parties
Applicant: Attorney General; Offender/respondent: Simon Walker Teesdale
Jurisdiction
England and Wales
Judgment Date
29 April 2004
Procedural Posture
Attorney General's Reference (criminal) / Appeal Against Sentence Under S.36 Criminal Justice Act 1988
Outcome
Sentence increased on Attorney General's Reference; original sentence set aside.
Legal Topics
Sentencing, Causing Death by Dangerous Driving, Unduly Lenient Sentences, Aggravating and Mitigating Factors, Double Jeopardy in Sentencing
Criminal Law Sentencing Causing Death by Dangerous Driving Unduly Lenient Sentences Aggravating and Mitigating Factors Double Jeopardy in Sentencing

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Parties

Attorney General

Applicant

Simon Walker Teesdale

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
  2. 2 Proper categorisation of culpability under sentencing guidelines for causing death by dangerous driving
  3. 3 Appropriate sentence in light of aggravating and mitigating factors

Ratio Decidendi

The original sentence was unduly lenient because the offender drove knowing his diabetic control was unstable, after taking drugs, without a licence or insurance, and with a child passenger, placing the case in the highest culpability category per Cooksley. The proper sentence, after full mitigation and double jeopardy allowance, is two years' imprisonment.

Court Disposition

Sentence increased on Attorney General's Reference; original sentence set aside.

Orders

  • Eighteen months' imprisonment set aside and substituted with two years' imprisonment.
  • Four-year driving disqualification confirmed.