Diamond, R.

Diamond, R.

The sentence imposed was not manifestly excessive or wrong in principle given the aggravating features of multiple deaths, serious injury, excessive speed, and alcohol consumption; the judge properly applied the sentencing guidelines and considered mitigation.

Parties
Appellant: Jack Diamond; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
21 March 2019
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeal dismissed
Legal Topics
Causing Death by Dangerous Driving, Sentencing Guidelines, Drink Driving, Disqualification From Driving
Criminal Law Causing Death by Dangerous Driving Sentencing Guidelines Drink Driving Disqualification From Driving

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Parties

Jack Diamond

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed for causing death by dangerous driving was manifestly excessive or wrong in principle
  2. 2 Appropriate application of sentencing guidelines for multiple deaths and serious injury
  3. 3 Proper structuring of driving disqualification period

Ratio Decidendi

The sentence imposed was not manifestly excessive or wrong in principle given the aggravating features of multiple deaths, serious injury, excessive speed, and alcohol consumption; the judge properly applied the sentencing guidelines and considered mitigation.

Court Disposition

appeal dismissed

Orders

  • Sentence of seven and a half years' imprisonment concurrent on counts of causing death by dangerous driving and three years concurrent on causing serious injury by dangerous driving upheld.
  • Disqualification from driving restructured: discretionary period of 3 years and 3 months plus extension period of 3 years and 9 months, total 7 years.