Chorlton, R. v [2022] EWCA Crim 934 (26 May 2022)

Chorlton, R. v [2022] EWCA Crim 934 (26 May 2022)

The sentencing judge was entitled to classify the offence as level 1 due to the appellant's persistent disregard for the law, prior convictions, and aggravating features, but a sentence towards the top of the range was manifestly excessive; a sentence of 8½ years' imprisonment, with corresponding disqualification, was appropriate. The conviction on the duplicitous count 2 was quashed. Procedural irregularities in committal did not invalidate the sentencing.

Citation
[2022] EWCA Crim 934
Parties
Prosecution: Regina; Appellant: David Chorlton
Jurisdiction
England and Wales
Judgment Date
26 May 2022
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Causing Death by Dangerous Driving, Sentencing Guidelines, Driving Whilst Disqualified, Driving Without Insurance, Procedural Irregularity in Committal, Duplicitous Indictment
Criminal Law Road Traffic Law Causing Death by Dangerous Driving Sentencing Guidelines Driving Whilst Disqualified Driving Without Insurance Procedural Irregularity in Committal Duplicitous Indictment

Case Brief

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Parties

Regina

Prosecution

David Chorlton

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence of 10 years' imprisonment for causing death by dangerous driving was manifestly excessive
  2. 2 Whether the offence should be classified as level 1, 2, or 3 under the Sentencing Guideline
  3. 3 Whether the conviction on count 2 (duplicitous count under sections 3ZB and 3ZC of the Road Traffic Act 1988) should be quashed

Ratio Decidendi

The sentencing judge was entitled to classify the offence as level 1 due to the appellant's persistent disregard for the law, prior convictions, and aggravating features, but a sentence towards the top of the range was manifestly excessive; a sentence of 8½ years' imprisonment, with corresponding disqualification, was appropriate. The conviction on the duplicitous count 2 was quashed. Procedural irregularities in committal did not invalidate the sentencing.

Court Disposition

appeal allowed in part

Orders

  • Sentence of 10 years' imprisonment quashed and substituted with 8½ years' imprisonment for causing death by dangerous driving.
  • Period of disqualification reduced to 8½ years with an extended period of 4 years and 3 months; total disqualification 12 years and 9 months.