Tyson, R v

The sentence imposed was excessive given the mitigating factors and the case's seriousness relative to the statutory maximum; a sentence of 2 years' imprisonment is appropriate.

Parties: Prosecution: Regina; Appellant: Martin Robert Tyson
Jurisdiction: England and Wales
Judgment Date: 03 March 2010
Procedural Posture: Criminal Appeal / Judgment
Outcome: appeal allowed
Legal Topics: Causing Death by Careless Driving, Sentencing, Mitigation, Aggravating Factors

Criminal Law Causing Death by Careless Driving Sentencing Mitigation Aggravating Factors

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

Parties

Regina

Prosecution

Martin Robert Tyson

Appellant

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

1 Whether the sentence of imprisonment imposed for causing death by careless driving was excessive
2 Appropriate starting point for sentencing given aggravating and mitigating factors

Ratio Decidendi

The sentence imposed was excessive given the mitigating factors and the case's seriousness relative to the statutory maximum; a sentence of 2 years' imprisonment is appropriate.

Court Disposition

appeal allowed

Orders

Sentence of imprisonment reduced to 2 years
Original sentence set aside and substituted with 2 years' imprisonment