R v Jean Dias

R v Jean Dias

The sentencing judge was entitled to find, on the evidence, that the applicant's conduct amounted to an 'obviously highly dangerous manoeuvre' for the purposes of the guideline, and the sentence imposed was within the appropriate range after proper consideration of mitigation and aggravating factors. There was no error in principle or excessiveness justifying interference.

Parties
Prosecutor: Rex; Applicant: Jean Dias
Jurisdiction
England and Wales
Judgment Date
11 June 2024
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Against Sentence
Outcome
application for leave to appeal against sentence refused
Legal Topics
Dangerous Driving, Sentencing, Culpability Assessment, Personal Mitigation
Criminal Law Road Traffic Dangerous Driving Sentencing Culpability Assessment Personal Mitigation

Case Brief

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Parties

Rex

Prosecutor

Jean Dias

Applicant

Procedural Posture

Criminal Appeal / Renewed Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge erred in assessing the applicant's culpability as 'obviously a highly dangerous manoeuvre' under the sentencing guideline
  2. 2 Whether the judge gave appropriate weight to the applicant's personal mitigation
  3. 3 Whether the sentence imposed was manifestly excessive or wrong in principle

Ratio Decidendi

The sentencing judge was entitled to find, on the evidence, that the applicant's conduct amounted to an 'obviously highly dangerous manoeuvre' for the purposes of the guideline, and the sentence imposed was within the appropriate range after proper consideration of mitigation and aggravating factors. There was no error in principle or excessiveness justifying interference.

Court Disposition

application for leave to appeal against sentence refused