Malik, R. v [2023] EWCA Crim 1098 (31 August 2023)

Malik, R. v [2023] EWCA Crim 1098 (31 August 2023)

The sentencing judge failed to provide adequate reasoning for more than doubling the guideline starting point, resulting in an unwarranted uplift. The correct sentence after trial should have been 20 months, reduced to 17 months for the guilty plea. The original sentence was quashed and substituted with a 17-month...

Source-derived case information.

Citation
[2023] EWCA Crim 1098
Parties
Respondent: Rex; Appellant: Imran Malik
Jurisdiction
England and Wales
Judgment Date
31 August 2023
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal allowed in part; sentence reduced
Legal Topics
Causing Death by Careless Driving, Sentencing Guidelines, Appeal Against Sentence
Criminal Law Sentencing Causing Death by Careless Driving Sentencing Guidelines Appeal Against Sentence

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Summary, issues, holding and outcome

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Parties

Rex

Respondent

Imran Malik

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed for causing death by careless driving was manifestly excessive
  2. 2 Whether the sentencing judge properly applied the Sentencing Council's guidelines
  3. 3 Whether aggravating and mitigating factors were correctly assessed

Ratio Decidendi

The sentencing judge failed to provide adequate reasoning for more than doubling the guideline starting point, resulting in an unwarranted uplift. The correct sentence after trial should have been 20 months, reduced to 17 months for the guilty plea. The original sentence was quashed and substituted with a 17-month immediate custodial sentence.

Court Disposition

Appeal allowed in part; sentence reduced

Orders

  • Sentence of 27 months' imprisonment quashed and substituted with 17 months' imprisonment
  • Disqualification from driving reduced to two years, extended by eight months to reflect incarceration (total 32 months)