Grant, R. v [2023] EWCA Crim 1414 (28 November 2023)

Grant, R. v [2023] EWCA Crim 1414 (28 November 2023)

The sentencing judge erred in failing to adjust the period of driving disqualification to reflect significant time spent on remand, resulting in a disproportionate period of disqualification post-release. The Court of Appeal held that both sections 35A and 35B of the Road Traffic Offenders Act 1988 permit and...

Source-derived case information.

Citation
[2023] EWCA Crim 1414
Parties
Appellant: Calvin James Grant; Respondent: Rex
Jurisdiction
England and Wales
Judgment Date
28 November 2023
Procedural Posture
Criminal Appeal / Court of Appeal (criminal Division) Judgment on Appeal Against Sentence
Outcome
Appeal allowed
Legal Topics
Driving Disqualification, Dangerous Driving, Sentencing Adjustment for Remand Time, Firearms Offences
Criminal Law Sentencing Driving Disqualification Dangerous Driving Sentencing Adjustment for Remand Time Firearms Offences

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Parties

Calvin James Grant

Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Court of Appeal (criminal Division) Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether a sentencing judge can adjust the period of driving disqualification to reflect time spent on remand when sentencing for multiple offences including non-driving matters

Ratio Decidendi

The sentencing judge erred in failing to adjust the period of driving disqualification to reflect significant time spent on remand, resulting in a disproportionate period of disqualification post-release. The Court of Appeal held that both sections 35A and 35B of the Road Traffic Offenders Act 1988 permit and require such adjustment, as confirmed in R v Needham, and substituted a proportionate disqualification period accordingly.

Court Disposition

Appeal allowed

Orders

  • Driving disqualification period reduced to 2 years (12 months plus 6 month extension under section 35A and 6 month uplift under section 35B)
  • Victim surcharge order reduced from £181 to £170