R v Danny Barnes

R v Danny Barnes

Section 244ZA of the Criminal Justice Act 2003 applies to offenders sentenced after 28 June 2022 for offences of causing death by dangerous driving if, at the date of sentencing, the offence carries a maximum penalty of life imprisonment, regardless of when the offence was committed. The relevant date for determining the maximum penalty is the date of sentencing, not the date of the offence. Application of section 244ZA does not breach Article 7(1) ECHR as early release provisions are not part of the penalty. The sentencing judge in R v Berouain erred in placing the case at the bottom of the category range and in the uplift for totality; the sentence was unduly lenient and is increased.

Parties
Claimant: Jordan Lill; Defendant/intervener: Secretary of State for Justice; Appellant: Danny Barnes; Respondent: Rex; Defendant: Youssef Berouain; Applicant/intervener: Attorney-General
Jurisdiction
England and Wales
Judgment Date
13 December 2024
Procedural Posture
Criminal/administrative (consolidated Appeals and Judicial Review) / Judgment After Substantive Hearing
Outcome
Applications for judicial review and appeal by Lill and Barnes dismissed; Attorney-General's Reference allowed in part; sentence on Berouain increased.
Legal Topics
Sentencing, Release on Licence, Retroactivity, Statutory Interpretation, Article 7 ECHR
Criminal Law Administrative Law Human Rights Sentencing Release on Licence Retroactivity Statutory Interpretation Article 7 ECHR

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 17 Party arguments 2 Amounts and remedies 9
Sign in to unlock

Parties

Jordan Lill

Claimant

Secretary of State for Justice

Defendant/intervener

Danny Barnes

Appellant

Rex

Respondent

Youssef Berouain

Defendant

Attorney-General

Applicant/intervener

Procedural Posture

Criminal/administrative (consolidated Appeals and Judicial Review) / Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether section 244ZA of the Criminal Justice Act 2003 applies to offenders convicted of causing death by dangerous driving where the offence occurred before 28 June 2022 but sentence was passed after that date
  2. 2 Whether application of section 244ZA engages Article 7(1) ECHR as a retroactive penalty
  3. 3 Whether the sentencing judge erred in the application of the Sentencing Guideline and totality principle in R v Youssef Berouain

Ratio Decidendi

Section 244ZA of the Criminal Justice Act 2003 applies to offenders sentenced after 28 June 2022 for offences of causing death by dangerous driving if, at the date of sentencing, the offence carries a maximum penalty of life imprisonment, regardless of when the offence was committed. The relevant date for determining the maximum penalty is the date of sentencing, not the date of the offence. Application of section 244ZA does not breach Article 7(1) ECHR as early release provisions are not part of the penalty. The sentencing judge in R v Berouain erred in placing the case at the bottom of the category range and in the uplift for totality; the sentence was unduly lenient and is increased.

Court Disposition

Applications for judicial review and appeal by Lill and Barnes dismissed; Attorney-General's Reference allowed in part; sentence on Berouain increased.

Orders

  • Lill's application for judicial review dismissed.
  • Barnes' appeal against sentence dismissed.