Gilder, R. v

Gilder, R. v

Disqualification from driving was appropriate because the trucks were essential to the commission of the theft, and it was not a bar that the appellant was a passenger. However, the three-year period was excessive given the appellant's age; an 18-month disqualification was more proportionate.

Parties
Prosecution: Regina; Applicant: Lewis Gilder
Jurisdiction
England and Wales
Judgment Date
05 April 2011
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal allowed in part
Legal Topics
Sentencing, Driving Disqualification, Theft, Handling Stolen Goods
Criminal Law Sentencing Driving Disqualification Theft Handling Stolen Goods

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Prosecution

Lewis Gilder

Applicant

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the three-year driving disqualification imposed was appropriate given the facts of the case
  2. 2 Whether disqualification could be imposed when the appellant was a passenger, not a driver

Ratio Decidendi

Disqualification from driving was appropriate because the trucks were essential to the commission of the theft, and it was not a bar that the appellant was a passenger. However, the three-year period was excessive given the appellant's age; an 18-month disqualification was more proportionate.

Court Disposition

appeal allowed in part

Orders

  • Driving disqualification reduced from three years to 18 months