Jenkins, R. v [2001] EWCA Crim 242 (12 January 2001)

Jenkins, R. v [2001] EWCA Crim 242 (12 January 2001)

The original twelve-month detention and training order was excessive given the appellant's age, mental capacity, remorse, and mitigating circumstances. A supervision order is more appropriate, and the period of disqualification should be reduced.

Source-derived case information.

Citation
[2001] EWCA Crim 242
Parties
Prosecution: Regina; Appellant: Gavin Donald Jenkins
Jurisdiction
England and Wales
Judgment Date
12 January 2001
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed
Legal Topics
Causing Death by Dangerous Driving, Sentencing, Mitigation, Mental Capacity
Criminal Law Road Traffic Law Causing Death by Dangerous Driving Sentencing Mitigation Mental Capacity

Source-derived case record

Summary, issues, holding and outcome

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Parties

Regina

Prosecution

Gavin Donald Jenkins

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Was the original custodial sentence excessive given the appellant's age, mental capacity, and remorse?
  2. 2 Should the period of disqualification from driving be reduced?

Ratio Decidendi

The original twelve-month detention and training order was excessive given the appellant's age, mental capacity, remorse, and mitigating circumstances. A supervision order is more appropriate, and the period of disqualification should be reduced.

Court Disposition

appeal allowed

Orders

  • Original twelve-month detention and training order quashed and replaced with a two-year supervision order.
  • Driving disqualification reduced from four years to three years.