Calvin James Grant v R

Calvin James Grant v R

It is permissible and appropriate for the court to adjust the discretionary period of driving disqualification to reflect time spent on remand, ensuring the sentence is proportionate and not unfairly punitive beyond statutory minimums.

Parties
Appellant: Calvin James Grant; Respondent: Rex
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal allowed
Legal Topics
Driving Disqualification, Dangerous Driving, Remand Time, Sentencing Adjustment
Criminal Law Sentencing Driving Disqualification Dangerous Driving Remand Time Sentencing Adjustment

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Parties

Calvin James Grant

Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

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

Ratio Decidendi

It is permissible and appropriate for the court to adjust the discretionary period of driving disqualification to reflect time spent on remand, ensuring the sentence is proportionate and not unfairly punitive beyond statutory minimums.

Court Disposition

appeal allowed

Orders

  • Driving disqualification period substituted with 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