Brown, R. v [2001] EWCA Crim 2108 (9 October 2001)

The sentence was manifestly excessive given the absence of aggravating features and the presence of multiple mitigating factors; the appropriate sentence should be 9 months' imprisonment.

Citation: [2001] EWCA Crim 2108
Parties: Prosecution: Regina; Appellant: Michael Brown
Jurisdiction: England and Wales
Judgment Date: 09 October 2001
Procedural Posture: Criminal Appeal / Appeal Against Sentence
Outcome: appeal allowed in part
Legal Topics: Causing Death by Dangerous Driving, Sentencing, Mitigation

Criminal Law Causing Death by Dangerous Driving Sentencing Mitigation

Case Brief

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Parties

Regina

Prosecution

Michael Brown

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

1 Whether the sentence imposed for causing death by dangerous driving was manifestly excessive
2 Whether sufficient credit was given for the plea of guilty and mitigating circumstances

Ratio Decidendi

The sentence was manifestly excessive given the absence of aggravating features and the presence of multiple mitigating factors; the appropriate sentence should be 9 months' imprisonment.

Court Disposition

appeal allowed in part

Orders

original sentence quashed
sentence of 9 months' imprisonment imposed