Bennett, R v

Bennett, R v

The mitigating factors, particularly the appellant's age, remorse, lack of driving experience, and good character, significantly outweighed the aggravating factors, making the starting point of 8 years excessive. The appropriate starting point was 6 years, resulting in a 4-year sentence after credit for guilty plea.

Parties
Respondent: Regina; Appellant: Charles William Bennett
Jurisdiction
England and Wales
Judgment Date
04 March 2009
Procedural Posture
Criminal Appeal / Judgment on Sentence Appeal
Outcome
appeal allowed
Legal Topics
Causing Death by Dangerous Driving, Sentencing Guidelines, Mitigation and Aggravation
Criminal Law Causing Death by Dangerous Driving Sentencing Guidelines Mitigation and Aggravation

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Respondent

Charles William Bennett

Appellant

Procedural Posture

Criminal Appeal / Judgment on Sentence Appeal

Legal Issues

  1. 1 Whether the sentence imposed for causing death by dangerous driving was excessive given the aggravating and mitigating factors

Ratio Decidendi

The mitigating factors, particularly the appellant's age, remorse, lack of driving experience, and good character, significantly outweighed the aggravating factors, making the starting point of 8 years excessive. The appropriate starting point was 6 years, resulting in a 4-year sentence after credit for guilty plea.

Court Disposition

appeal allowed

Orders

  • Sentence of 5 years and 4 months' detention quashed
  • Substituted sentence of 4 years' detention, less one day spent in custody on remand