Disley, R. v

The sentence imposed was within the judge's discretion, reflecting the seriousness of the offence, aggravating and mitigating factors, and totality; no basis for interference except to correct the suspended sentence activation and clarify the disqualification order.

Parties: Prosecution: Regina; Appellant: Luke Disley
Jurisdiction: England and Wales
Judgment Date: 16 March 2018
Procedural Posture: Criminal Appeal / Judgment
Outcome: Appeal dismissed except for correction of suspended sentence activation and clarification of disqualification order.
Legal Topics: Dangerous Driving, Drug Driving, Sentencing, Breach of Suspended Sentence, Disqualification From Driving

Criminal Law Road Traffic Law Dangerous Driving Drug Driving Sentencing Breach of Suspended Sentence Disqualification From Driving

Case Brief

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 7

Parties

Regina

Prosecution

Luke Disley

Appellant

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

1 Whether the sentence imposed for causing serious injury by dangerous driving and drug driving was manifestly excessive
2 Whether the judge erred in not activating the suspended sentence for breach
3 Clarification of the disqualification order

Ratio Decidendi

Court Disposition

Appeal dismissed except for correction of suspended sentence activation and clarification of disqualification order.

Orders

Disqualification for 3 years on count 1, extended by 12 months under section 35A Road Traffic Act 1988.
Suspended sentence of 6 months activated, to run concurrently with 2 years' imprisonment.