Geale, R. v

Geale, R. v

The three-year period of disqualification was manifestly excessive given the appellant's long good driving record, age, low risk of reoffending, and the particular financial hardship imposed; a two-year period is appropriate.

Parties
Respondent: Regina; Appellant: Michael Geale
Jurisdiction
England and Wales
Judgment Date
09 November 2012
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Causing Death by Careless Driving, Sentencing, Driving Disqualification
Criminal Law Road Traffic Law Causing Death by Careless Driving Sentencing Driving Disqualification

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Parties

Regina

Respondent

Michael Geale

Appellant

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the three-year driving disqualification imposed was manifestly excessive given the circumstances of the offence and the appellant's mitigation

Ratio Decidendi

The three-year period of disqualification was manifestly excessive given the appellant's long good driving record, age, low risk of reoffending, and the particular financial hardship imposed; a two-year period is appropriate.

Court Disposition

appeal allowed

Orders

  • Order for disqualification from driving for three years quashed and replaced with a period of two years.
  • Other orders made by the sentencing judge to stand.