Phillips, R. v [2018] EWCA Crim 1531 (02 March 2018)

Phillips, R. v [2018] EWCA Crim 1531 (02 March 2018)

The notional sentence after trial should have been eight to nine months, reduced to six months for guilty plea, as the original starting point was too high given the short duration and absence of further aggravating features. Immediate imprisonment is required, but the disqualification period imposed was excessive and should be reduced.

Citation
[2018] EWCA Crim 1531
Parties
Prosecution: 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 Against Sentence, Driving Disqualification
Criminal Law Dangerous Driving Sentencing Appeal Against Sentence Driving Disqualification

Case Brief

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Parties

Regina

Prosecution

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 guilty plea, as the original starting point was too high given the short duration and absence of further aggravating features. Immediate imprisonment is required, but the disqualification period imposed was excessive and should be reduced.

Court Disposition

appeal allowed in part

Orders

  • Sentence of 11 months' imprisonment quashed and substituted with six months' imprisonment.
  • Order for disqualification quashed and substituted with 18 months' disqualification plus three month extension (total 21 months).