Howell, R. v [2018] EWCA Crim 328 (16 February 2018)

Howell, R. v [2018] EWCA Crim 328 (16 February 2018)

The original sentence was unduly lenient because there were no exceptional circumstances to justify suspending the custodial sentence for perverting the course of justice, and the overall sentence did not reflect the seriousness of the offences. An immediate custodial sentence was required to uphold the public...

Source-derived case information.

Citation
[2018] EWCA Crim 328
Parties
Applicant: Attorney General; Offender/respondent: Anthony Howell
Jurisdiction
England and Wales
Judgment Date
16 February 2018
Procedural Posture
Attorney General's Reference (criminal) / Appeal Against Sentence Under Section 36 of the Criminal Justice Act 1988
Outcome
Appeal allowed; sentence increased and made immediate.
Legal Topics
Sentencing, Causing Death by Careless Driving, Perverting the Course of Justice, Unduly Lenient Sentences
Criminal Law Sentencing Causing Death by Careless Driving Perverting the Course of Justice Unduly Lenient Sentences

Source-derived case record

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 6 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Attorney General

Applicant

Anthony Howell

Offender/respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the original sentence imposed for causing death by careless driving and perverting the course of justice was unduly lenient
  2. 2 Whether there were exceptional circumstances justifying suspension of the custodial sentence for perverting the course of justice

Ratio Decidendi

The original sentence was unduly lenient because there were no exceptional circumstances to justify suspending the custodial sentence for perverting the course of justice, and the overall sentence did not reflect the seriousness of the offences. An immediate custodial sentence was required to uphold the public interest and sentencing principles.

Court Disposition

Appeal allowed; sentence increased and made immediate.

Orders

  • Sixteen months' immediate imprisonment: eight months for causing death by careless driving (count 1), eight months consecutive for perverting the course of justice (count 2)
  • Disqualification from driving for five years (including statutory extensions)