Jayamaha, R. v

Jayamaha, R. v

The sentencing judge erred in principle by aggravating the sentence based on unsupported inference of other criminality and the 15-month starting point was manifestly excessive given the absence of injury, property damage, and short duration of the incident. The appropriate sentence is six months' imprisonment.

Parties
Prosecutor: Regina; Appellant: Ishan Jayamaha
Jurisdiction
England and Wales
Judgment Date
06 December 2011
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Dangerous Driving, Sentencing, Appeal
Criminal Law Dangerous Driving Sentencing Appeal

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Prosecutor

Ishan Jayamaha

Appellant

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the sentencing judge erred in increasing the sentence based on unsupported inference of other criminality
  2. 2 Whether the starting point of 15 months was manifestly excessive given the facts

Ratio Decidendi

The sentencing judge erred in principle by aggravating the sentence based on unsupported inference of other criminality and the 15-month starting point was manifestly excessive given the absence of injury, property damage, and short duration of the incident. The appropriate sentence is six months' imprisonment.

Court Disposition

appeal allowed

Orders

  • original sentence of two years' imprisonment quashed
  • appellant sentenced to six months' imprisonment