Attorney General's Reference No 90 of 2004

Attorney General's Reference No 90 of 2004

The sentence was unduly lenient because the offence fell into the most serious category of culpability, with numerous aggravating features, and the appropriate sentence after a guilty plea should have been higher; the sentence was increased to four and a half years' imprisonment.

Parties
Applicant: Attorney General; Offender: Stephen Paul Kenny Chambers
Jurisdiction
England and Wales
Judgment Date
21 October 2004
Procedural Posture
Criminal / Attorney General's Reference Under S.36 Criminal Justice Act 1988; Appellate Review of Sentence
Outcome
sentence increased on Attorney General's Reference
Legal Topics
Causing Death by Dangerous Driving, Sentencing Guidelines, Unduly Lenient Sentence, Attorney General's Reference
Criminal Law Causing Death by Dangerous Driving Sentencing Guidelines Unduly Lenient Sentence Attorney General's Reference

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Parties

Attorney General

Applicant

Stephen Paul Kenny Chambers

Offender

Procedural Posture

Criminal / Attorney General's Reference Under S.36 Criminal Justice Act 1988; Appellate Review of Sentence

Legal Issues

  1. 1 Whether the sentence imposed for causing death by dangerous driving was unduly lenient
  2. 2 Proper categorisation of the offence under sentencing guidelines

Ratio Decidendi

The sentence was unduly lenient because the offence fell into the most serious category of culpability, with numerous aggravating features, and the appropriate sentence after a guilty plea should have been higher; the sentence was increased to four and a half years' imprisonment.

Court Disposition

sentence increased on Attorney General's Reference

Orders

  • Sentence of three and a half years' imprisonment quashed
  • Substituted sentence of four and a half years' imprisonment imposed for causing death by dangerous driving