Calow, R. v [2024] EWCA Crim 1863 (17 April 2024)

Calow, R. v [2024] EWCA Crim 1863 (17 April 2024)

The sentencing judge was entitled to increase the sentence above the guideline range due to multiple aggravating factors, including very serious injury to another victim, use of a large vehicle, driving without consent, and driving uninsured. The mitigating factors did not outweigh the aggravation. The discount for guilty plea was correctly limited to 20% as the plea was not entered at the earliest opportunity and the exception for late evidence did not apply. The sentence was not manifestly excessive.

Citation
[2024] EWCA Crim 1863
Parties
Prosecution: Rex; Appellant: Jake Calow
Jurisdiction
England and Wales
Judgment Date
17 April 2024
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal dismissed
Legal Topics
Causing Death by Dangerous Driving, Sentencing Guidelines, Aggravated Vehicle Taking, Driving Uninsured, Credit for Guilty Plea
Criminal Law Road Traffic Law Causing Death by Dangerous Driving Sentencing Guidelines Aggravated Vehicle Taking Driving Uninsured Credit for Guilty Plea

Case Brief

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Parties

Rex

Prosecution

Jake Calow

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed was manifestly excessive
  2. 2 Whether the judge was justified in departing from the sentencing guideline range
  3. 3 Whether sufficient credit was given for the guilty plea

Ratio Decidendi

The sentencing judge was entitled to increase the sentence above the guideline range due to multiple aggravating factors, including very serious injury to another victim, use of a large vehicle, driving without consent, and driving uninsured. The mitigating factors did not outweigh the aggravation. The discount for guilty plea was correctly limited to 20% as the plea was not entered at the earliest opportunity and the exception for late evidence did not apply. The sentence was not manifestly excessive.

Court Disposition

appeal dismissed

Orders

  • Sentence of eight years' imprisonment on count 1 with concurrent sentences for other offences upheld.
  • Order for nine years' driving disqualification (five years plus four-year extension) upheld.