R v Gavin Prodger

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

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Parties

Rex

Prosecution

Gavin Prodger

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

  1. 1 Was the sentencing judge correct to place the case in category A of the sentencing guideline?
  2. 2 Was the starting point for sentence too high?
  3. 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