Chudasama v R.

Chudasama v R.

The judge erred in calculating the sentence by reference to consecutive sentences for each death arising from a single act of dangerous driving. The appropriate approach is to impose concurrent sentences, with the starting point at the statutory maximum of 14 years due to the aggravating features, and a reduction of...

Source-derived case information.

Parties
Applicant: Jaynesh Chudasama; Respondent: The Queen
Jurisdiction
England and Wales
Judgment Date
21 December 2018
Procedural Posture
Criminal Appeal / Sentence Appeal
Outcome
appeal allowed
Legal Topics
Causing Death by Dangerous Driving, Sentencing Guidelines, Concurrent and Consecutive Sentences, Guilty Plea Discount
Criminal Law Road Traffic Law Causing Death by Dangerous Driving Sentencing Guidelines Concurrent and Consecutive Sentences Guilty Plea Discount

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Summary, issues, holding and outcome

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Parties

Jaynesh Chudasama

Applicant

The Queen

Respondent

Procedural Posture

Criminal Appeal / Sentence Appeal

Legal Issues

  1. 1 Whether the sentencing judge erred by calculating sentence based on consecutive sentences for each death resulting from a single act of dangerous driving
  2. 2 Whether the sentence imposed was manifestly excessive
  3. 3 What is the appropriate discount for the applicant's guilty plea

Ratio Decidendi

The judge erred in calculating the sentence by reference to consecutive sentences for each death arising from a single act of dangerous driving. The appropriate approach is to impose concurrent sentences, with the starting point at the statutory maximum of 14 years due to the aggravating features, and a reduction of one quarter for the guilty plea, resulting in a sentence of 10.5 years' imprisonment on each count concurrent.

Court Disposition

appeal allowed

Orders

  • Leave to appeal granted
  • Sentence of 13 years' imprisonment quashed