Usaceva, R. v

Usaceva, R. v

The judge was entitled to find the appellant was using mobile phones at the time of the collision, to treat previous offences as aggravating, and to refuse mitigation for the effect on the appellant's child; the sentence of six years' imprisonment was not excessive or wrong in principle; however, the order for endorsement of penalty points in addition to disqualification was unlawful and must be quashed.

Parties
Prosecution: Regina; Appellant: Marina Usaceva
Jurisdiction
England and Wales
Judgment Date
06 February 2015
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeal against sentence dismissed except as to penalty points
Legal Topics
Causing Death by Dangerous Driving, Sentencing, Use of Mobile Phones While Driving, Endorsement of Penalty Points, Disqualification From Driving
Criminal Law Road Traffic Law Causing Death by Dangerous Driving Sentencing Use of Mobile Phones While Driving Endorsement of Penalty Points Disqualification From Driving

Case Brief

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Parties

Regina

Prosecution

Marina Usaceva

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence of six years' imprisonment was manifestly excessive, wrong in principle, or imposed on a wrong factual basis
  2. 2 Whether the judge was entitled to find the appellant was using mobile phones at the time of the collision
  3. 3 Whether previous mobile phone offences were aggravating factors

Ratio Decidendi

The judge was entitled to find the appellant was using mobile phones at the time of the collision, to treat previous offences as aggravating, and to refuse mitigation for the effect on the appellant's child; the sentence of six years' imprisonment was not excessive or wrong in principle; however, the order for endorsement of penalty points in addition to disqualification was unlawful and must be quashed.

Court Disposition

appeal against sentence dismissed except as to penalty points

Orders

  • Sentence of six years' imprisonment and 10 years' disqualification upheld
  • Order for endorsement of 11 penalty points quashed