Downs, R. v

Downs, R. v

The sentence of three and a half years' imprisonment was manifestly excessive as it exceeded the top of the applicable guideline range without sufficient justification. The appropriate sentence is two and a half years' imprisonment, with a reduced period of disqualification reflecting the revised custodial term.

Source-derived case information.

Parties
Appellant: Emma Downs; Respondent: Regina (The Crown)
Jurisdiction
England and Wales
Judgment Date
05 June 2019
Procedural Posture
Criminal Appeal / Court of Appeal Judgment
Outcome
appeal allowed in part
Legal Topics
Causing Death by Careless Driving, Sentencing Guidelines, Appeal Against Sentence, Driving Disqualification
Criminal Law Road Traffic Law Causing Death by Careless Driving Sentencing Guidelines Appeal Against Sentence Driving Disqualification

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Summary, issues, holding and outcome

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Parties

Emma Downs

Appellant

Regina (The Crown)

Respondent

Procedural Posture

Criminal Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the sentence of three and a half years' imprisonment was manifestly excessive
  2. 2 Whether the period of driving disqualification was excessive
  3. 3 Appropriate application of sentencing guidelines for causing death by careless driving

Ratio Decidendi

The sentence of three and a half years' imprisonment was manifestly excessive as it exceeded the top of the applicable guideline range without sufficient justification. The appropriate sentence is two and a half years' imprisonment, with a reduced period of disqualification reflecting the revised custodial term.

Court Disposition

appeal allowed in part

Orders

  • Original sentences of three and a half years' imprisonment quashed and replaced with concurrent sentences of two and a half years' imprisonment.
  • Driving disqualification quashed and replaced with four years and three months' disqualification (three years discretionary plus 15 months extension).