Cully,R. v

Cully,R. v

The period of disqualification should be reduced to two years and the requirement for an extended retest removed, as there is no appreciable ongoing risk to the public and the offence was a one-off incident out of character.

Parties
Prosecutor: Regina; Appellant: Michael Anthony Cully
Jurisdiction
England and Wales
Judgment Date
13 December 2005
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal allowed in part
Legal Topics
Dangerous Driving, Driving While Unfit Through Drink, Disqualification From Driving, Extended Retest Requirement
Criminal Law Sentencing Dangerous Driving Driving While Unfit Through Drink Disqualification From Driving Extended Retest Requirement

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Parties

Regina

Prosecutor

Michael Anthony Cully

Appellant

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

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

Ratio Decidendi

The period of disqualification should be reduced to two years and the requirement for an extended retest removed, as there is no appreciable ongoing risk to the public and the offence was a one-off incident out of character.

Court Disposition

appeal allowed in part

Orders

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