Gutierrez-Perez, R v

Gutierrez-Perez, R v

The sentence imposed was correct, falling within the highest category of severity under the Sentencing Guidelines, and properly accounted for both aggravating and mitigating factors. The court found no error in principle nor manifest excessiveness in the sentence.

Parties
Prosecutor: Regina; Appellant: Katie Gutierrez-Perez
Jurisdiction
England and Wales
Judgment Date
04 December 2009
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeal dismissed
Legal Topics
Causing Death by Dangerous Driving, Sentencing, Mitigating and Aggravating Factors, Psychiatric Evidence
Criminal Law Causing Death by Dangerous Driving Sentencing Mitigating and Aggravating Factors Psychiatric Evidence

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Parties

Regina

Prosecutor

Katie Gutierrez-Perez

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed for causing death by dangerous driving was manifestly excessive or wrong in principle
  2. 2 Whether the sentencing judge gave sufficient weight to mitigating factors including psychiatric evidence and remorse

Ratio Decidendi

The sentence imposed was correct, falling within the highest category of severity under the Sentencing Guidelines, and properly accounted for both aggravating and mitigating factors. The court found no error in principle nor manifest excessiveness in the sentence.

Court Disposition

appeal dismissed

Orders

  • sentence of seven years' imprisonment upheld
  • driving disqualification for ten years and until passing extended test upheld