May, R. v

May, R. v

The original sentence of eight years' detention was too high given the appellant's age, early guilty plea, and the guideline starting points; a sentence of six-and-a-half years' detention and a reduction of the driving disqualification from ten to seven years was appropriate.

Parties
Respondent: Regina; Appellant: David John May
Jurisdiction
England and Wales
Judgment Date
05 May 2005
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
Appeal allowed in part; sentence reduced
Legal Topics
Causing Death by Dangerous Driving, Sentencing, Driving Whilst Disqualified
Criminal Law Causing Death by Dangerous Driving Sentencing Driving Whilst Disqualified

Case Brief

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Parties

Regina

Respondent

David John May

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence of eight years' detention and ten years' disqualification was manifestly excessive
  2. 2 Appropriate starting point for sentencing in cases of causing death by dangerous driving with aggravating features

Ratio Decidendi

The original sentence of eight years' detention was too high given the appellant's age, early guilty plea, and the guideline starting points; a sentence of six-and-a-half years' detention and a reduction of the driving disqualification from ten to seven years was appropriate.

Court Disposition

Appeal allowed in part; sentence reduced

Orders

  • Sentence of detention reduced from eight years to six-and-a-half years in a young offender institution
  • Driving disqualification reduced from ten years to seven years