Phillips, R. v

Phillips, R. v

The notional sentence after trial should have been eight to nine months, reduced to six months for a guilty plea. The custodial threshold was crossed and only immediate imprisonment was appropriate. The disqualification period imposed was excessive and should be reduced to 21 months.

Parties
Prosecutor: Regina; Appellant: Matthew Phillips
Jurisdiction
England and Wales
Judgment Date
02 March 2018
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal allowed in part
Legal Topics
Dangerous Driving, Sentencing, Appeal Procedure
Criminal Law Dangerous Driving Sentencing Appeal Procedure

Case Brief

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Parties

Regina

Prosecutor

Matthew Phillips

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the starting point of 15 months' imprisonment was too high for dangerous driving
  2. 2 Whether the sentence should have been suspended
  3. 3 Whether the disqualification period was excessive

Ratio Decidendi

The notional sentence after trial should have been eight to nine months, reduced to six months for a guilty plea. The custodial threshold was crossed and only immediate imprisonment was appropriate. The disqualification period imposed was excessive and should be reduced to 21 months.

Court Disposition

Appeal allowed in part

Orders

  • Sentence of 11 months' imprisonment quashed and substituted with six months' imprisonment
  • Disqualification order quashed and substituted with 21 months' disqualification (18 months plus 3 month extension)