Airey, Attorney-General's Reference No 61 of 2009 [2009] EWCA Crim 2561 (16 October 2009)

Airey, Attorney-General's Reference No 61 of 2009 [2009] EWCA Crim 2561 (16 October 2009)

The original sentence of four-and-a-half years' imprisonment was unduly lenient given the deliberate, persistent, and dangerous nature of the driving, the aggravating features present, and the sentencing guidelines and relevant authorities. The appropriate sentence was six-and-a-half years' imprisonment for causing death by dangerous driving, with a consecutive six months for perverting the course of justice, totaling seven years.

Citation
[2009] EWCA Crim 2561
Parties
Applicant: Attorney General; Offender/respondent: Philip Michael Airey
Jurisdiction
England and Wales
Judgment Date
16 October 2009
Procedural Posture
Attorney General's Reference (criminal) / Appeal Against Sentence Under S.36 Criminal Justice Act 1988
Outcome
Sentence increased on reference; appeal allowed to that extent.
Legal Topics
Sentencing, Causing Death by Dangerous Driving, Perverting the Course of Justice, Attorney General's Reference, Unduly Lenient Sentences
Criminal Law Sentencing Causing Death by Dangerous Driving Perverting the Course of Justice Attorney General's Reference Unduly Lenient Sentences

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Parties

Attorney General

Applicant

Philip Michael Airey

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

Ratio Decidendi

The original sentence of four-and-a-half years' imprisonment was unduly lenient given the deliberate, persistent, and dangerous nature of the driving, the aggravating features present, and the sentencing guidelines and relevant authorities. The appropriate sentence was six-and-a-half years' imprisonment for causing death by dangerous driving, with a consecutive six months for perverting the course of justice, totaling seven years.

Court Disposition

Sentence increased on reference; appeal allowed to that extent.

Orders

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