Gray, R v [2008] EWCA Crim 336 (4 February 2008)

Gray, R v [2008] EWCA Crim 336 (4 February 2008)

The sentence of 13 months' detention was out of line with the authorities given the balance of aggravating and mitigating factors; a sentence of eight months' detention is appropriate.

Citation
[2008] EWCA Crim 336
Parties
Prosecution: Regina; Appellant: Daniel Gray
Jurisdiction
England and Wales
Judgment Date
04 February 2008
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Dangerous Driving, Sentencing, Mitigating and Aggravating Factors
Criminal Law Dangerous Driving Sentencing Mitigating and Aggravating Factors

Case Brief

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Parties

Regina

Prosecution

Daniel Gray

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Was the sentence of 13 months' detention for dangerous driving manifestly excessive given the aggravating and mitigating factors?

Ratio Decidendi

The sentence of 13 months' detention was out of line with the authorities given the balance of aggravating and mitigating factors; a sentence of eight months' detention is appropriate.

Court Disposition

appeal allowed in part

Orders

  • Sentence of 13 months' detention substituted with eight months' detention.
  • Disqualification from driving for two years and until an extended test is passed remains.