R v Daryll Henderson
The sentencing judge was entitled to find that the applicant's driving was highly impaired by drugs, justifying Category A culpability and the starting point adopted. The uplift for multiple deaths and serious injury was within the guideline range. The periods of disqualification were lawfully imposed, subject to correction of calculation errors. The sentences were not manifestly excessive and were upheld, with minor adjustments to the disqualification periods to comply with statutory requirements.
- Parties
- Prosecution: Rex; Applicant: Daryll Henderson
- Jurisdiction
- England and Wales
- Judgment Date
- 20 October 2025
- Procedural Posture
- Criminal Appeal / Judgment on Appeal Against Sentence
- Outcome
- appeal allowed in part; sentences upheld; disqualification periods corrected
- Legal Topics
- Causing Death by Dangerous Driving, Causing Serious Injury by Dangerous Driving, Sentencing Guidelines, Jurisdictional Error, Disqualification From Driving
Case Brief
Summary, issues, holding and outcome
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Parties
Rex
Prosecution
Daryll Henderson
Applicant
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Legal Issues
- 1 Whether the sentence imposed for causing death by dangerous driving and causing serious injury by dangerous driving was manifestly excessive
- 2 Whether the sentencing judge erred in categorising the applicant's culpability as Category A under the sentencing guidelines
- 3 Whether procedural errors in committal and sentencing affected the validity of the convictions and sentences
Ratio Decidendi
The sentencing judge was entitled to find that the applicant's driving was highly impaired by drugs, justifying Category A culpability and the starting point adopted. The uplift for multiple deaths and serious injury was within the guideline range. The periods of disqualification were lawfully imposed, subject to correction of calculation errors. The sentences were not manifestly excessive and were upheld, with minor adjustments to the disqualification periods to comply with statutory requirements.
Court Disposition
appeal allowed in part; sentences upheld; disqualification periods corrected
Orders
- Leave to appeal granted and appeal allowed to the limited extent explained
- Sentence of 10 years' imprisonment for each count of causing death by dangerous driving and 24 months for causing serious injury by dangerous driving upheld, all concurrent
Full Case Text
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