Henderson, R. v [2025] EWCA Crim 1180 (22 July 2025)

Henderson, R. v [2025] EWCA Crim 1180 (22 July 2025)

The judge was entitled to find that the applicant's driving was highly impaired by drugs, justifying Category A culpability and a starting point of 12 years, uplifted for multiple deaths and serious injury. The sentence of 10 years' imprisonment after credit for plea was not manifestly excessive. Disqualification periods were corrected to comply with statutory requirements, and procedural errors were remedied by quashing and recommittal.

Citation
[2025] EWCA Crim 1180
Parties
Prosecution: Rex; Applicant: Daryll Henderson
Jurisdiction
England and Wales
Judgment Date
22 July 2025
Procedural Posture
Criminal Appeal / Appeal Against Sentence After Re Sentencing
Outcome
Appeal allowed in part; sentence upheld; disqualification periods corrected
Legal Topics
Causing Death by Dangerous Driving, Causing Serious Injury by Dangerous Driving, Sentencing Guidelines, Disqualification From Driving, Jurisdictional Error, Appeal Procedure
Criminal Law Road Traffic Law Causing Death by Dangerous Driving Causing Serious Injury by Dangerous Driving Sentencing Guidelines Disqualification From Driving Jurisdictional Error Appeal Procedure

Case Brief

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Parties

Rex

Prosecution

Daryll Henderson

Applicant

Procedural Posture

Criminal Appeal / Appeal Against Sentence After Re Sentencing

Legal Issues

  1. 1 Whether the sentence imposed for causing death by dangerous driving and causing serious injury by dangerous driving was manifestly excessive
  2. 2 Whether the judge erred in categorising the applicant's culpability as Category A under the sentencing guidelines
  3. 3 Whether the period and structure of disqualification from driving was lawfully imposed

Ratio Decidendi

The judge was entitled to find that the applicant's driving was highly impaired by drugs, justifying Category A culpability and a starting point of 12 years, uplifted for multiple deaths and serious injury. The sentence of 10 years' imprisonment after credit for plea was not manifestly excessive. Disqualification periods were corrected to comply with statutory requirements, and procedural errors were remedied by quashing and recommittal.

Court Disposition

Appeal allowed in part; sentence upheld; disqualification periods corrected

Orders

  • Leave to appeal granted
  • Convictions for causing death by dangerous driving quashed and recommitted; applicant re-sentenced after guilty plea