Smith, R. v [2023] EWCA Crim 1097 (08 September 2023)
The sentence was not manifestly excessive; the judge was entitled to treat the applicant's deliberate and grossly excessive speeding as an aggravating factor and properly considered all mitigating factors in determining sentence within the guideline range.
- Citation
- [2023] EWCA Crim 1097
- Parties
- Prosecution: Regina; Applicant: Kenneth Smith
- Jurisdiction
- England and Wales
- Judgment Date
- 08 September 2023
- Procedural Posture
- Criminal Appeal / Renewed Application for Leave to Appeal Against Sentence
- Outcome
- application for leave to appeal against sentence refused
- Legal Topics
- Causing Death by Dangerous Driving, Sentencing Guidelines, Aggravating and Mitigating Factors, Appeals Against Sentence
Case Brief
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Parties
Regina
Prosecution
Kenneth Smith
Applicant
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Against Sentence
Legal Issues
- 1 Whether the sentence of 44 months' imprisonment for causing death by dangerous driving was manifestly excessive
- 2 Whether the judge erred in treating deliberate speeding as an aggravating factor
- 3 Whether sufficient account was taken of mitigating factors including remorse, mental health, and family impact
Ratio Decidendi
The sentence was not manifestly excessive; the judge was entitled to treat the applicant's deliberate and grossly excessive speeding as an aggravating factor and properly considered all mitigating factors in determining sentence within the guideline range.
Court Disposition
application for leave to appeal against sentence refused
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