Regina v Martin Anthony Farnell

Regina v Martin Anthony Farnell

The sentence of 18 months' imprisonment for dangerous driving was not manifestly excessive given the seriousness, risk, and persistence of the conduct, and the judge was entitled to impose immediate custody. However, the sentence for the Bail Act offence was excessive and should be reduced to one week's imprisonment to run concurrently.

Parties
Prosecution: Regina; Appellant: Martin Anthony Farnell
Jurisdiction
England and Wales
Judgment Date
12 August 2022
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
Appeal partially allowed
Legal Topics
Dangerous Driving, Sentencing, Bail Act Offence, Appeal Procedure
Criminal Law Road Traffic Law Dangerous Driving Sentencing Bail Act Offence Appeal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Prosecution

Martin Anthony Farnell

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence for dangerous driving was manifestly excessive
  2. 2 Whether the judge erred in refusing to suspend the custodial sentence
  3. 3 Whether the sentence for the Bail Act offence was excessive

Ratio Decidendi

The sentence of 18 months' imprisonment for dangerous driving was not manifestly excessive given the seriousness, risk, and persistence of the conduct, and the judge was entitled to impose immediate custody. However, the sentence for the Bail Act offence was excessive and should be reduced to one week's imprisonment to run concurrently.

Court Disposition

Appeal partially allowed

Orders

  • Sentence for Bail Act offence quashed and substituted with one week's imprisonment to run concurrently
  • Total sentence reduced to 18 months' imprisonment