Weston, R. v [2024] EWCA Crim 1658 (05 December 2024)

Weston, R. v [2024] EWCA Crim 1658 (05 December 2024)

The sentencing judge's application of the section 18 guideline was correct given the deliberate and highly dangerous conduct, the aggravating features, and the overall criminality. The sentence was not manifestly excessive. The period of driving disqualification was incorrectly calculated and required variation to comply with statutory provisions.

Citation
[2024] EWCA Crim 1658
Parties
Prosecution: Regina; Applicant: Jake Patrick Weston
Jurisdiction
England and Wales
Judgment Date
05 December 2024
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence
Outcome
Leave to appeal against sentence refused except as to the period of driving disqualification; appeal allowed in part and sentence varied accordingly.
Legal Topics
Sentencing, Wounding With Intent, Drug Offences, Aggravated Vehicle Taking, Dangerous Driving, Disqualification From Driving
Criminal Law Sentencing Wounding With Intent Drug Offences Aggravated Vehicle Taking Dangerous Driving Disqualification From Driving

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Parties

Regina

Prosecution

Jake Patrick Weston

Applicant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence for wounding with intent was manifestly excessive
  2. 2 Whether the sentencing judge misapplied the relevant sentencing guidelines
  3. 3 Whether the period of driving disqualification was lawfully imposed

Ratio Decidendi

The sentencing judge's application of the section 18 guideline was correct given the deliberate and highly dangerous conduct, the aggravating features, and the overall criminality. The sentence was not manifestly excessive. The period of driving disqualification was incorrectly calculated and required variation to comply with statutory provisions.

Court Disposition

Leave to appeal against sentence refused except as to the period of driving disqualification; appeal allowed in part and sentence varied accordingly.

Orders

  • Period of driving disqualification on drug driving offence set at 4 years, with extension periods totalling 8 years, making no material difference to the overall period.