Rice, R v

Rice, R v

Given the appellant's exemplary character, remorse, negligible risk of reoffending, and the circumstances of the offence, the custodial sentence should be suspended with a requirement of unpaid work. The period of disqualification from driving should be reduced to 12 months.

Source-derived case information.

Parties
Respondent: Regina; Appellant: Matthew Rice
Jurisdiction
England and Wales
Judgment Date
23 September 2009
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal allowed in part
Legal Topics
Careless Driving, Causing Death by Careless Driving, Sentencing, Suspended Sentences, Disqualification From Driving
Criminal Law Careless Driving Causing Death by Careless Driving Sentencing Suspended Sentences Disqualification From Driving

Source-derived case record

Summary, issues, holding and outcome

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Parties

Regina

Respondent

Matthew Rice

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence of immediate imprisonment was appropriate for causing death by careless driving
  2. 2 Whether the sentence should have been suspended
  3. 3 Whether the period of disqualification from driving was excessive

Ratio Decidendi

Given the appellant's exemplary character, remorse, negligible risk of reoffending, and the circumstances of the offence, the custodial sentence should be suspended with a requirement of unpaid work. The period of disqualification from driving should be reduced to 12 months.

Court Disposition

Appeal allowed in part

Orders

  • Sentence of 20 weeks' imprisonment suspended for two years from original date of sentence
  • Appellant to perform 100 hours of unpaid work