R v Kenneth Smith

R v Kenneth Smith

The sentence imposed was not manifestly excessive; the judge was entitled to treat deliberate speeding and wrongly placing blame as aggravating factors and took proper account of mitigating factors.

Parties
Prosecution: Regina; Applicant: Kenneth Smith
Jurisdiction
England and Wales
Judgment Date
11 October 2024
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, Aggravating and Mitigating Factors, Appeal Against Sentence
Criminal Law Causing Death by Dangerous Driving Sentencing Aggravating and Mitigating Factors Appeal 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. 1 Whether the sentence of 44 months' imprisonment for causing death by dangerous driving was manifestly excessive
  2. 2 Whether deliberate speeding and placing blame on the victim were aggravating factors
  3. 3 Whether sufficient account was taken of remorse, personal effects, and impact on family

Ratio Decidendi

The sentence imposed was not manifestly excessive; the judge was entitled to treat deliberate speeding and wrongly placing blame as aggravating factors and took proper account of mitigating factors.

Court Disposition

application for leave to appeal against sentence refused

Orders

  • No change to sentence of 44 months' imprisonment
  • Disqualification period remains at 66 months; point on interim disqualification noted for future reference