Duffield, R v
The sentence, though merciful, was within the appropriate range considering all aggravating and mitigating factors, and the agreed basis of plea excluded causation from mobile phone use.
- Parties
- Applicant: Attorney General; Respondent: Thomas Duffield
- Jurisdiction
- England and Wales
- Judgment Date
- 30 April 2009
- Procedural Posture
- Criminal Reference / Appellate Review of Sentence Under Section 36 of the Criminal Justice Act 1988
- Outcome
- Application refused
- Legal Topics
- Dangerous Driving, Causing Death by Dangerous Driving, Sentencing, Unduly Lenient Sentence, Appellate Review
Case Brief
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 2 Authorities cited 1 Party arguments 2 Amounts and remedies 3
Parties
Attorney General
Applicant
Thomas Duffield
Respondent
Procedural Posture
Criminal Reference / Appellate Review of Sentence Under Section 36 of the Criminal Justice Act 1988
Legal Issues
- 1 Whether the sentence imposed for causing death by dangerous driving was unduly lenient
- 2 Whether the use of a mobile phone was causative in the fatal accident
Ratio Decidendi
The sentence, though merciful, was within the appropriate range considering all aggravating and mitigating factors, and the agreed basis of plea excluded causation from mobile phone use.
Court Disposition
Application refused
Orders
- Solicitor General's application for review of sentence is refused
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment