Delarue, R. v [2024] EWCA Crim 1612 (11 December 2024)

The original sentence of 28 months' imprisonment was excessive as the offence fell between categories A and B under the guidelines. The appropriate sentence was 18 months' imprisonment with a 30-month driving disqualification, reflecting both aggravating and mitigating factors.

Source-derived case information.

Citation: [2024] EWCA Crim 1612
Parties: Appellant: Christopher Delarue; Respondent: Rex (The Crown)
Jurisdiction: England and Wales
Judgment Date: 11 December 2024
Procedural Posture: Criminal Appeal / Sentence Appeal
Outcome: appeal allowed; sentence varied
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

Source-derived case record

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 4

Parties

Christopher Delarue

Appellant

Rex (The Crown)

Respondent

Procedural Posture

Criminal Appeal / Sentence Appeal

Legal Issues

1 Whether the sentence of 28 months' imprisonment and 35 months' disqualification for causing death by careless driving was manifestly excessive
2 Whether the offence was correctly categorised under sentencing guidelines
3 Appropriate consideration of aggravating and mitigating factors

Ratio Decidendi

Court Disposition

appeal allowed; sentence varied

Orders

Substitute sentence of 18 months' imprisonment for 28 months
Vary driving disqualification to 30 months (21 months plus 9 months extension)

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