Braid, R. v [2002] EWCA Crim 737 (8 March 2002)

Braid, R. v [2002] EWCA Crim 737 (8 March 2002)

The sentence of two years' detention was excessive given the absence of aggravating features and the presence of significant mitigating factors; a sentence of 18 months' detention is appropriate. The period of disqualification from driving should be reduced from six years to three years due to the nature of the driving and mitigating circumstances.

Citation
[2002] EWCA Crim 737
Parties
Respondent: Regina; Appellant: Jonathan Braid
Jurisdiction
England and Wales
Judgment Date
08 March 2002
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal allowed in part
Legal Topics
Causing Death by Dangerous Driving, Sentencing, Mitigation, Disqualification From Driving
Criminal Law Road Traffic Law Causing Death by Dangerous Driving Sentencing Mitigation Disqualification From Driving

Case Brief

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Parties

Regina

Respondent

Jonathan Braid

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the custodial sentence of two years for causing death by dangerous driving was manifestly excessive
  2. 2 Whether the period of disqualification from driving was excessive

Ratio Decidendi

The sentence of two years' detention was excessive given the absence of aggravating features and the presence of significant mitigating factors; a sentence of 18 months' detention is appropriate. The period of disqualification from driving should be reduced from six years to three years due to the nature of the driving and mitigating circumstances.

Court Disposition

Appeal allowed in part

Orders

  • Sentence of two years' detention reduced to 18 months' detention in a young offender institution
  • Disqualification from driving reduced from six years to three years