Wall, R v [2018] EWCA Crim 1325 (27 March 2018)

Wall, R v [2018] EWCA Crim 1325 (27 March 2018)

The judge was correct to categorise the offence as Level 3, reflecting significant risk but not substantial risk. The sentence of two years' imprisonment was within the guideline range, properly balancing aggravating and mitigating factors. The sentence was not unduly lenient.

Citation
[2018] EWCA Crim 1325
Parties
Prosecution: Regina; Defendant: Glenn Wall
Jurisdiction
England and Wales
Judgment Date
27 March 2018
Procedural Posture
Criminal Appeal / Reference by Attorney General Under S.36 Criminal Justice Act 1988
Outcome
leave to refer granted; sentence not interfered with
Legal Topics
Causing Death by Dangerous Driving, Sentencing Guidelines, Unduly Lenient Sentence

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Parties

Regina

Prosecution

Glenn Wall

Defendant

Procedural Posture

Criminal Appeal / Reference by Attorney General Under S.36 Criminal Justice Act 1988

  1. 1 Was the sentence of two years' imprisonment for causing death by dangerous driving unduly lenient?
  2. 2 Did the judge correctly apply the sentencing guidelines for causing death by dangerous driving?

Ratio Decidendi

The judge was correct to categorise the offence as Level 3, reflecting significant risk but not substantial risk. The sentence of two years' imprisonment was within the guideline range, properly balancing aggravating and mitigating factors. The sentence was not unduly lenient.

Court Disposition

leave to refer granted; sentence not interfered with

Orders

  • Leave to refer the sentence is granted.
  • No change to the sentence of two years' imprisonment.