R v Scott Fitzgerald

R v Scott Fitzgerald

The sentence, though lenient, was not unduly lenient as it did not fall outside the range reasonably open to the sentencing judge, who properly considered all aggravating and mitigating factors and explained his reasoning. The application for leave to refer the sentence as unduly lenient was refused.

Source-derived case information.

Parties
Applicant: Attorney General (His Majesty's Solicitor General); Respondent/offender: Scott Fitzgerald
Jurisdiction
England and Wales
Judgment Date
25 April 2024
Procedural Posture
Criminal Appeal (attorney General's Reference) / Application for Leave to Refer Sentence as Unduly Lenient Under Section 36 of the Criminal Justice Act 1988
Outcome
application for leave to refer sentence as unduly lenient refused
Legal Topics
Causing Death by Dangerous Driving, Sentencing, Unduly Lenient Sentence, Attorney General's Reference
Criminal Law Causing Death by Dangerous Driving Sentencing Unduly Lenient Sentence Attorney General's Reference

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Parties

Attorney General (His Majesty's Solicitor General)

Applicant

Scott Fitzgerald

Respondent/offender

Procedural Posture

Criminal Appeal (attorney General's Reference) / Application for Leave to Refer Sentence as Unduly Lenient Under Section 36 of the Criminal Justice Act 1988

Legal Issues

  1. 1 Whether the sentence imposed for causing death by dangerous driving was unduly lenient under section 36 of the Criminal Justice Act 1988

Ratio Decidendi

The sentence, though lenient, was not unduly lenient as it did not fall outside the range reasonably open to the sentencing judge, who properly considered all aggravating and mitigating factors and explained his reasoning. The application for leave to refer the sentence as unduly lenient was refused.

Court Disposition

application for leave to refer sentence as unduly lenient refused