Lawes, R v

Lawes, R v

The judge erred in dismissing the option of suspending the prison sentence; given the mitigating factors and absence of aggravating features, the appropriate sentence was 6 months imprisonment suspended for 18 months with requirements for unpaid work and restorative justice.

Parties
Prosecution: Regina; Appellant: Dawn Lawes
Jurisdiction
England and Wales
Judgment Date
11 December 2009
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed
Legal Topics
Causing Death by Careless Driving, Sentencing Guidelines, Suspended Sentence
Criminal Law Causing Death by Careless Driving Sentencing Guidelines Suspended Sentence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Regina

Prosecution

Dawn Lawes

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence of immediate imprisonment should have been suspended
  2. 2 Appropriate categorisation of the offence under sentencing guidelines

Ratio Decidendi

The judge erred in dismissing the option of suspending the prison sentence; given the mitigating factors and absence of aggravating features, the appropriate sentence was 6 months imprisonment suspended for 18 months with requirements for unpaid work and restorative justice.

Court Disposition

appeal allowed

Orders

  • 6 months imprisonment suspended for 18 months
  • 250 hours unpaid work requirement