Attorney General's Reference No. 123 OF 2006

Attorney General's Reference No. 123 OF 2006

Given the high level of culpability, including driving with excessive alcohol, no licence, no insurance, and in a dangerous vehicle, the original sentence of three years was unduly lenient. The appropriate sentence after a guilty plea is five years' imprisonment.

Source-derived case information.

Parties
Applicant: Her Majesty's Attorney General; Offender: Charles Sharp
Jurisdiction
England and Wales
Judgment Date
19 December 2006
Procedural Posture
Criminal Reference / Attorney General's Reference Under S.36 Criminal Justice Act 1988; Appeal Against Sentence
Outcome
Sentence quashed and substituted
Legal Topics
Sentencing, Causing Death by Careless Driving, Driving Under Influence, Unduly Lenient Sentence
Criminal Law Sentencing Causing Death by Careless Driving Driving Under Influence Unduly Lenient Sentence

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Her Majesty's Attorney General

Applicant

Charles Sharp

Offender

Procedural Posture

Criminal Reference / Attorney General's Reference Under S.36 Criminal Justice Act 1988; Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed for causing death by careless driving when over the prescribed alcohol limit was unduly lenient
  2. 2 What is the appropriate sentencing range given the aggravating and mitigating factors

Ratio Decidendi

Given the high level of culpability, including driving with excessive alcohol, no licence, no insurance, and in a dangerous vehicle, the original sentence of three years was unduly lenient. The appropriate sentence after a guilty plea is five years' imprisonment.

Court Disposition

Sentence quashed and substituted

Orders

  • Original sentence of three years' imprisonment quashed
  • Substituted sentence of five years' imprisonment imposed