Gibson, R v [2010] EWCA Crim 2813 (18 November 2010)

Gibson, R v [2010] EWCA Crim 2813 (18 November 2010)

The custodial sentence of 12 months was within the proper range for the offences, given the seriousness of the dangerous driving while intoxicated and evading police, and the judge was entitled to conclude that military service did not outweigh the public interest in punishment.

Source-derived case information.

Citation
[2010] EWCA Crim 2813
Parties
Prosecution: Regina; Appellant: Daryl Gibson
Jurisdiction
England and Wales
Judgment Date
18 November 2010
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal dismissed
Legal Topics
Sentencing, Dangerous Driving, Aggravated Vehicle Taking, Drink Driving, Military Service and Sentencing
Criminal Law Sentencing Dangerous Driving Aggravated Vehicle Taking Drink Driving Military Service and Sentencing

Source-derived case record

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Parties

Regina

Prosecution

Daryl Gibson

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the custodial sentence of 12 months was wrong in principle or manifestly excessive given the appellant's circumstances and mitigation

Ratio Decidendi

The custodial sentence of 12 months was within the proper range for the offences, given the seriousness of the dangerous driving while intoxicated and evading police, and the judge was entitled to conclude that military service did not outweigh the public interest in punishment.

Court Disposition

appeal dismissed

Orders

  • The appeal against sentence is dismissed.