Cully,R. v [2005] EWCA Crim 3483 (13 December 2005)

Cully,R. v [2005] EWCA Crim 3483 (13 December 2005)

Where there is no appreciable ongoing risk to the public and genuine remorse is shown, the period of disqualification for dangerous driving should be reduced to the minimum necessary to protect the public, and an extended retest is not required.

Source-derived case information.

Citation
[2005] EWCA Crim 3483
Parties
Prosecution: Regina; Appellant: Michael Anthony Cully
Jurisdiction
England and Wales
Judgment Date
13 December 2005
Procedural Posture
Criminal Appeal / Court of Appeal Judgment
Outcome
appeal allowed in part
Legal Topics
Dangerous Driving, Driving While Unfit Through Drink, Disqualification From Driving, Extended Retest, Sentencing
Criminal Law Road Traffic Law Dangerous Driving Driving While Unfit Through Drink Disqualification From Driving Extended Retest Sentencing

Source-derived case record

Summary, issues, holding and outcome

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Parties

Regina

Prosecution

Michael Anthony Cully

Appellant

Procedural Posture

Criminal Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the length of driving disqualification and requirement for extended retest were appropriate given the circumstances of the offence and appellant's livelihood

Ratio Decidendi

Where there is no appreciable ongoing risk to the public and genuine remorse is shown, the period of disqualification for dangerous driving should be reduced to the minimum necessary to protect the public, and an extended retest is not required.

Court Disposition

appeal allowed in part

Orders

  • Disqualification from driving reduced from five years to two years.
  • Requirement for extended retest removed.