Foster, R v

Foster, R v

The sentence was reduced and suspended because the appellant's culpability was markedly less than typical cases, his distraction was brief and understandable given emotional circumstances, and strong personal mitigation was present.

Source-derived case information.

Parties
Prosecution: Regina; Appellant: Kenneth Martin Foster
Jurisdiction
England and Wales
Judgment Date
20 May 2009
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeal allowed
Legal Topics
Causing Death by Dangerous Driving, Sentencing Guidelines, Mitigation, Suspension of Sentence
Criminal Law Causing Death by Dangerous Driving Sentencing Guidelines Mitigation Suspension of Sentence

Source-derived case record

Summary, issues, holding and outcome

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Parties

Regina

Prosecution

Kenneth Martin Foster

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence of 18 months' custody for causing death by dangerous driving was appropriate given the circumstances and mitigation.
  2. 2 Whether the sentence should be suspended.

Ratio Decidendi

The sentence was reduced and suspended because the appellant's culpability was markedly less than typical cases, his distraction was brief and understandable given emotional circumstances, and strong personal mitigation was present.

Court Disposition

appeal allowed

Orders

  • Term of imprisonment reduced to 12 months.
  • Sentence suspended for two years.