Hussain, R v

Hussain, R v

The sentence of 30 months' imprisonment was outside the recommended bracket for cases without aggravating features; a sentence of 15 months' imprisonment and a two-year disqualification, subject to an extended retest, is appropriate given the appellant's momentary inattention and good character.

Parties
Appellant: Mujid Hussain; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
22 February 2008
Procedural Posture
Criminal Appeal / Judgment on Sentence Appeal
Outcome
appeal allowed in part
Legal Topics
Causing Death by Dangerous Driving, Sentencing Guidelines, Driving Disqualification
Criminal Law Road Traffic Law Causing Death by Dangerous Driving Sentencing Guidelines Driving Disqualification

Case Brief

Summary, issues, holding and outcome

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Parties

Mujid Hussain

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Judgment on Sentence Appeal

Legal Issues

  1. 1 Whether the sentence imposed for causing death by dangerous driving was appropriate given the circumstances
  2. 2 Whether the period of driving disqualification was excessive

Ratio Decidendi

The sentence of 30 months' imprisonment was outside the recommended bracket for cases without aggravating features; a sentence of 15 months' imprisonment and a two-year disqualification, subject to an extended retest, is appropriate given the appellant's momentary inattention and good character.

Court Disposition

appeal allowed in part

Orders

  • Imprisonment reduced to 15 months
  • Driving disqualification reduced to two years, subject to extended retest