R v Gavin Prodger
The sentencing judge erred in placing the case in category A of the guideline, as the facts did not justify such a finding; the starting point should have been 10 years, discounted for guilty plea; the evidence did not justify a finding of dangerousness, so an extended sentence was not proper.
- Parties
- Prosecution: Rex; Appellant: Gavin Prodger
- Jurisdiction
- England and Wales
- Judgment Date
- 19 November 2025
- Procedural Posture
- Criminal Appeal / Judgment on Appeal Against Sentence
- Outcome
- appeal allowed in part; sentences quashed and substituted
- Legal Topics
- Causing Death by Careless Driving, Sentencing Guidelines, Dangerousness Assessment, Drug Offences
Case Brief
Summary, issues, holding and outcome
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Parties
Rex
Prosecution
Gavin Prodger
Appellant
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Legal Issues
- 1 Was the sentencing judge correct to place the case in category A of the sentencing guideline?
- 2 Was the starting point for sentence too high?
- 3 Was it proper in principle to impose an extended sentence based on dangerousness?
Ratio Decidendi
The sentencing judge erred in placing the case in category A of the guideline, as the facts did not justify such a finding; the starting point should have been 10 years, discounted for guilty plea; the evidence did not justify a finding of dangerousness, so an extended sentence was not proper.
Court Disposition
appeal allowed in part; sentences quashed and substituted
Orders
- Sentence on count 2 quashed and replaced with 8 years 6 months' imprisonment
- Sentence on count 3 quashed and replaced with 8 years 6 months' imprisonment concurrent
Full Case Text
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