Wilkinson, R. v
The sentence of 10 months' immediate imprisonment was not manifestly excessive or wrong in principle, but the period of discretionary disqualification and the fines imposed for lesser offences were excessive and inappropriate.
- Parties
- Prosecution: Regina; Appellant: Jason Wilkinson
- Jurisdiction
- England and Wales
- Judgment Date
- 05 February 2019
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal allowed in part
- Legal Topics
- Dangerous Driving, Driving Without Insurance, Driving Without a Licence, Sentencing, Disqualification
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 5
Parties
Regina
Prosecution
Jason Wilkinson
Appellant
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence for dangerous driving was manifestly excessive
- 2 Whether the period of discretionary disqualification was too long
- 3 Whether the Recorder erred in principle by treating lesser offences as aggravating features and imposing fines
Ratio Decidendi
The sentence of 10 months' immediate imprisonment was not manifestly excessive or wrong in principle, but the period of discretionary disqualification and the fines imposed for lesser offences were excessive and inappropriate.
Court Disposition
appeal allowed in part
Orders
- Period of disqualification reduced to 2 years 5 months, comprising 2 years discretionary period and 5 months extension under section 35 of the Road Traffic Offenders Act 1988
- Disqualification to run from 4 October 2018
Full Case Text
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