W, R v

W, R v

The judge was entitled to impose a six-year sentence given the seriousness of the offence, multiple aggravating factors, and appropriate consideration of mitigation including the guilty plea and mental state.

Parties
Appellant: D. W.; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
19 September 2006
Procedural Posture
Criminal Appeal / Judgment on Sentence Appeal
Outcome
appeal dismissed
Legal Topics
Causing Death by Dangerous Driving, Sentencing, Mitigation, Aggravating Factors

Case Brief

Summary, issues, holding and outcome

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Parties

D. W.

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Judgment on Sentence Appeal

  1. 1 Whether the sentence of six years' imprisonment for causing death by dangerous driving was excessive
  2. 2 Whether the judge properly considered mitigating and aggravating factors
  3. 3 Whether the appellant's mental state reduced culpability

Ratio Decidendi

The judge was entitled to impose a six-year sentence given the seriousness of the offence, multiple aggravating factors, and appropriate consideration of mitigation including the guilty plea and mental state.

Court Disposition

appeal dismissed

Orders

  • Sentence of six years' imprisonment upheld
  • Ten years' disqualification from driving upheld