Clews, R. v

Clews, R. v

The judge was justified in imposing a custodial sentence due to the seriousness of the appellant's error of judgment, but the original sentence of two years was excessive and should be reduced to one year.

Parties
Prosecutor: Regina; Appellant: Karen Clews
Jurisdiction
England and Wales
Judgment Date
03 February 2010
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal allowed in part
Legal Topics
Causing Death by Careless Driving, Sentencing Guidelines, Culpability Assessment
Criminal Law Causing Death by Careless Driving Sentencing Guidelines Culpability Assessment

Case Brief

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Parties

Regina

Prosecutor

Karen Clews

Appellant

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the sentence imposed for causing death by careless driving was excessive
  2. 2 Whether the appellant's actions constituted sufficient mitigation to warrant a suspended sentence

Ratio Decidendi

The judge was justified in imposing a custodial sentence due to the seriousness of the appellant's error of judgment, but the original sentence of two years was excessive and should be reduced to one year.

Court Disposition

appeal allowed in part

Orders

  • Original sentence of two years' imprisonment quashed
  • Sentence replaced by imprisonment for one year