R v Imran Malik

R v Imran Malik

The sentencing judge failed to provide adequate reasoning for moving from the guideline starting point of 15 months to 32 months before reduction for guilty plea, resulting in an unwarranted uplift. The only aggravating feature was excessive speed, and mitigation was not properly weighed. The appropriate sentence after trial should have been 20 months, reduced to 17 months for the guilty plea.

Parties
Appellant: Imran Malik; Respondent: Rex
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Criminal Appeal / Judgment on Renewed Application for Leave to Appeal Against Sentence
Outcome
appeal allowed in part; sentence reduced
Legal Topics
Causing Death by Careless Driving, Sentencing Guidelines, Appeal Against Sentence
Criminal Law Road Traffic Law Causing Death by Careless Driving Sentencing Guidelines Appeal Against Sentence

Case Brief

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Parties

Imran Malik

Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Judgment on Renewed Application for Leave to 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 erred in applying the Sentencing Council’s guideline for the offence
  3. 3 Whether aggravating and mitigating factors were properly considered

Ratio Decidendi

The sentencing judge failed to provide adequate reasoning for moving from the guideline starting point of 15 months to 32 months before reduction for guilty plea, resulting in an unwarranted uplift. The only aggravating feature was excessive speed, and mitigation was not properly weighed. The appropriate sentence after trial should have been 20 months, reduced to 17 months for the guilty plea.

Court Disposition

appeal allowed in part; sentence reduced

Orders

  • Original sentence of 27 months’ imprisonment quashed and substituted with 17 months’ immediate custody
  • Driving disqualification reduced to two years, extended by eight months to reflect incarceration (total 32 months)