Chivers, R. v

Chivers, R. v

The 5-year disqualification was substantially too high given the absence of previous motoring convictions and the severe impact on the appellant's family and employment; a significant uplift from the statutory minimum is justified, but not to the extent imposed.

Parties
Prosecution: Regina; Appellant: Lee Matthew Chivers
Jurisdiction
England and Wales
Judgment Date
17 August 2005
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Dangerous Driving, Criminal Damage, Affray, Sentencing, Driving Disqualification
Criminal Law Dangerous Driving Criminal Damage Affray Sentencing Driving Disqualification

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Prosecution

Lee Matthew Chivers

Appellant

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the 5-year driving disqualification imposed for dangerous driving was excessive given the circumstances and absence of prior motoring convictions.

Ratio Decidendi

The 5-year disqualification was substantially too high given the absence of previous motoring convictions and the severe impact on the appellant's family and employment; a significant uplift from the statutory minimum is justified, but not to the extent imposed.

Court Disposition

appeal allowed

Orders

  • The 5-year driving disqualification is quashed and substituted with a period of 18 months.
  • The order for an extended re-test remains unaltered.