R v David Chorlton

R v David Chorlton

The sentence of 10 years' imprisonment was manifestly excessive given the aggravating features; a sentence of 8½ years' imprisonment was appropriate after credit for guilty plea. The conviction on count 2 was quashed as duplicitous. The procedural irregularity in committal for sentence of summary offences did not invalidate the sentencing.

Parties
Prosecution: Regina; Appellant: David Chorlton
Jurisdiction
England and Wales
Judgment Date
26 May 2022
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Causing Death by Dangerous Driving, Driving Whilst Disqualified, Driving Without Insurance, Sentencing Guidelines, Procedural Irregularities
Criminal Law Road Traffic Law Causing Death by Dangerous Driving Driving Whilst Disqualified Driving Without Insurance Sentencing Guidelines Procedural Irregularities

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Parties

Regina

Prosecution

David Chorlton

Appellant

Procedural Posture

Criminal Appeal / Judgment on 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 Appropriate classification of the offence under sentencing guidelines
  3. 3 Validity of conviction on count 2 (causing death by dangerous driving whilst unlicensed, uninsured, or disqualified)

Ratio Decidendi

The sentence of 10 years' imprisonment was manifestly excessive given the aggravating features; a sentence of 8½ years' imprisonment was appropriate after credit for guilty plea. The conviction on count 2 was quashed as duplicitous. The procedural irregularity in committal for sentence of summary offences did not invalidate the sentencing.

Court Disposition

appeal allowed in part

Orders

  • Sentence of 10 years' imprisonment substituted with 8½ years' imprisonment for causing death by dangerous driving.
  • Conviction on count 2 quashed.