Jenkins, R. v

Jenkins, R. v

Consecutive sentences for two offences of causing serious injury by dangerous driving arising from the same incident were improper; sentences should be concurrent but aggravated to reflect harm to multiple victims. The appropriate sentence, after a 20% guilty plea discount, is 3 years and 7 months' imprisonment on each count, to run concurrently.

Parties
Prosecutor: Regina; Appellant: Nathan Jenkins
Jurisdiction
England and Wales
Judgment Date
29 January 2015
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Dangerous Driving, Serious Injury by Dangerous Driving, Sentencing Guidelines, Totality Principle, Consecutive Vs Concurrent Sentences
Criminal Law Sentencing Dangerous Driving Serious Injury by Dangerous Driving Sentencing Guidelines Totality Principle Consecutive Vs Concurrent Sentences

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Parties

Regina

Prosecutor

Nathan Jenkins

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether consecutive sentences for two offences of causing serious injury by dangerous driving arising from the same incident were proper
  2. 2 Whether the sentencing judge failed to apply the principle of totality
  3. 3 Whether the judge gave excessive weight to guidelines for causing death by dangerous driving

Ratio Decidendi

Consecutive sentences for two offences of causing serious injury by dangerous driving arising from the same incident were improper; sentences should be concurrent but aggravated to reflect harm to multiple victims. The appropriate sentence, after a 20% guilty plea discount, is 3 years and 7 months' imprisonment on each count, to run concurrently.

Court Disposition

appeal allowed in part

Orders

  • Custodial sentences below quashed
  • Concurrent sentences of 3 years and 7 months imposed on each count