R v Christopher Delarue

R v Christopher Delarue

The sentence of 28 months’ imprisonment was manifestly excessive; the offence fell between categories A and B, with aggravating and mitigating factors considered. The appropriate sentence was 18 months’ imprisonment with a 30-month driving disqualification.

Parties
Appellant: Christopher Delarue; Respondent: Rex
Jurisdiction
England and Wales
Judgment Date
01 June 2025
Procedural Posture
Criminal Appeal / Sentence Appeal
Outcome
appeal allowed; sentence reduced
Legal Topics
Causing Death by Careless Driving, Sentencing, Appeal Against Sentence, Driving Disqualification
Criminal Law Causing Death by Careless Driving Sentencing Appeal Against Sentence Driving Disqualification

Case Brief

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Parties

Christopher Delarue

Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Sentence Appeal

Legal Issues

  1. 1 Whether the sentence of 28 months’ imprisonment for causing death by careless driving was manifestly excessive
  2. 2 Whether the disqualification from driving for 35 months was excessive

Ratio Decidendi

The sentence of 28 months’ imprisonment was manifestly excessive; the offence fell between categories A and B, with aggravating and mitigating factors considered. The appropriate sentence was 18 months’ imprisonment with a 30-month driving disqualification.

Court Disposition

appeal allowed; sentence reduced

Orders

  • Sentence of 28 months’ imprisonment substituted with 18 months’ imprisonment
  • Driving disqualification reduced to 30 months (21 months plus 9 months extension)