Crew, R v

Crew, R v

The sentence of 14 months' imprisonment was not manifestly excessive given the high culpability and seriousness of the offence; however, the 5-year driving disqualification was excessive and should be reduced to 2 years.

Parties
Prosecution: Regina; Applicant: Martyn Frederick Crew
Jurisdiction
England and Wales
Judgment Date
23 November 2009
Procedural Posture
Criminal Appeal / Judgment on Renewed Application for Leave to Appeal Against Sentence
Outcome
Leave to appeal the order of disqualification granted; appeal allowed in part; order of disqualification reduced from 5 years to 2 years; all other aspects of the application refused.
Legal Topics
Causing Death by Careless Driving, Sentencing, Driving Disqualification
Criminal Law Causing Death by Careless Driving Sentencing Driving Disqualification

Case Brief

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Parties

Regina

Prosecution

Martyn Frederick Crew

Applicant

Procedural Posture

Criminal Appeal / Judgment on Renewed Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence of 14 months' imprisonment was manifestly excessive for causing death by careless driving
  2. 2 Whether the 5-year driving disqualification was excessive
  3. 3 Whether US immigration consequences mitigate the sentence

Ratio Decidendi

The sentence of 14 months' imprisonment was not manifestly excessive given the high culpability and seriousness of the offence; however, the 5-year driving disqualification was excessive and should be reduced to 2 years.

Court Disposition

Leave to appeal the order of disqualification granted; appeal allowed in part; order of disqualification reduced from 5 years to 2 years; all other aspects of the application refused.

Orders

  • Order of disqualification quashed and substituted with 2 years' disqualification.
  • Extended driving test direction upheld.