Evans, R v

Evans, R v

The sentence of 7 months' imprisonment was not manifestly excessive, but should have been suspended due to strong mitigation, genuine remorse, guilty plea, and absence of risk to public. The period of disqualification was appropriate, but the requirement for an extended re-test was unjustified and quashed.

Parties
Applicant: Gareth John Evans; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
17 December 2019
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Causing Death by Careless Driving, Sentencing Guidelines, Suspended Sentences, Driving Disqualification
Criminal Law Road Traffic Law Causing Death by Careless Driving Sentencing Guidelines Suspended Sentences Driving Disqualification

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Parties

Gareth John Evans

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Was the sentence of immediate imprisonment manifestly excessive?
  2. 2 Should the sentence have been suspended?
  3. 3 Was the period and nature of driving disqualification appropriate?

Ratio Decidendi

The sentence of 7 months' imprisonment was not manifestly excessive, but should have been suspended due to strong mitigation, genuine remorse, guilty plea, and absence of risk to public. The period of disqualification was appropriate, but the requirement for an extended re-test was unjustified and quashed.

Court Disposition

appeal allowed in part

Orders

  • Sentence of immediate imprisonment quashed and substituted with 7 months' imprisonment suspended for 12 months.
  • Disqualification from driving for 2 years upheld.