Corkhill, R. v [2001] EWCA Crim 2683 (26 November 2001)

Corkhill, R. v [2001] EWCA Crim 2683 (26 November 2001)

The sentence of seven years was excessive as it did not sufficiently discount for the early guilty plea, youth, immaturity, and intellectual limitations of the appellant. The case, while serious, was not among the very worst, and the proper sentence reflecting mitigation is five years.

Citation
[2001] EWCA Crim 2683
Parties
Prosecution: Regina; Appellant: David Samuel Corkhill
Jurisdiction
England and Wales
Judgment Date
26 November 2001
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
sentence reduced on appeal
Legal Topics
Causing Death by Dangerous Driving, Sentencing, Mitigation, Driving Whilst Disqualified
Criminal Law Road Traffic Law Causing Death by Dangerous Driving Sentencing Mitigation Driving Whilst Disqualified

Case Brief

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Parties

Regina

Prosecution

David Samuel Corkhill

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence of seven years for causing death by dangerous driving was manifestly excessive given the appellant's youth, confession, and guilty plea

Ratio Decidendi

The sentence of seven years was excessive as it did not sufficiently discount for the early guilty plea, youth, immaturity, and intellectual limitations of the appellant. The case, while serious, was not among the very worst, and the proper sentence reflecting mitigation is five years.

Court Disposition

sentence reduced on appeal

Orders

  • Sentence of seven years reduced to five years in a young offender institution
  • Disqualification from driving reduced from seven years to five years