Fernandez, R. v [2025] EWCA Crim 907 (18 June 2025)

Fernandez, R. v [2025] EWCA Crim 907 (18 June 2025)

The sentencing judge was entitled to categorise the offence as culpability B based on the evidence, and properly considered all aggravating and mitigating factors. The sentence imposed was not unduly lenient.

Citation
[2025] EWCA Crim 907
Parties
Prosecution: Rex; Offender/respondent: Jehrone Fernandez
Jurisdiction
England and Wales
Judgment Date
18 June 2025
Procedural Posture
Criminal Appeal (attorney General's Reference) / Application for Leave to Refer Sentence as Unduly Lenient
Outcome
leave to refer sentence refused
Legal Topics
Causing Death by Careless Driving, Unduly Lenient Sentence, Culpability Categorisation, Sentencing Guidelines, Aggravating and Mitigating Factors
Criminal Law Sentencing Causing Death by Careless Driving Unduly Lenient Sentence Culpability Categorisation Sentencing Guidelines Aggravating and Mitigating Factors

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Parties

Rex

Prosecution

Jehrone Fernandez

Offender/respondent

Procedural Posture

Criminal Appeal (attorney General's Reference) / Application for Leave to Refer Sentence as Unduly Lenient

Legal Issues

  1. 1 Whether the sentencing judge erred in categorising the offence as culpability B rather than culpability A under the offence-specific guideline for causing death by careless driving while under the influence
  2. 2 Whether the judge failed to take proper account of aggravating factors, specifically a previous conviction for driving with excess alcohol and the vulnerability of the deceased as a pedestrian
  3. 3 Whether the sentence imposed was unduly lenient

Ratio Decidendi

The sentencing judge was entitled to categorise the offence as culpability B based on the evidence, and properly considered all aggravating and mitigating factors. The sentence imposed was not unduly lenient.

Court Disposition

leave to refer sentence refused

Orders

  • Application for leave to refer sentence as unduly lenient refused