Howell, R. v

Howell, R. v

The sentence was unduly lenient as there were no exceptional circumstances to justify suspension of the custodial sentence for perverting the course of justice; immediate imprisonment is required in the public interest.

Parties
Prosecutor: Regina; Offender: Anthony Howell
Jurisdiction
England and Wales
Judgment Date
16 February 2018
Procedural Posture
Criminal / Appeal
Outcome
Appeal allowed; sentence increased and immediate custodial sentence imposed.
Legal Topics
Causing Death by Careless Driving, Perverting the Course of Justice, Sentencing, Unduly Lenient Sentence
Criminal Law Causing Death by Careless Driving Perverting the Course of Justice Sentencing Unduly Lenient Sentence

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 3 Authorities cited 6 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Regina

Prosecutor

Anthony Howell

Offender

Procedural Posture

Criminal / Appeal

Legal Issues

  1. 1 Whether the sentence imposed for causing death by careless driving and perverting the course of justice was unduly lenient
  2. 2 Whether exceptional circumstances justified suspension of custodial sentence

Ratio Decidendi

The sentence was unduly lenient as there were no exceptional circumstances to justify suspension of the custodial sentence for perverting the course of justice; immediate imprisonment is required in the public interest.

Court Disposition

Appeal allowed; sentence increased and immediate custodial sentence imposed.

Orders

  • Anthony Howell sentenced to sixteen months' immediate imprisonment: eight months for causing death by careless driving and eight months consecutive for perverting the course of justice.
  • Disqualification from driving for five years (including extensions under section 35A and 35B of the Road Traffic Offenders Act 1988).