Waldron, R v

Waldron, R v

The features of the dangerous driving warranted a custodial sentence, but the misunderstanding regarding the nature of the driving reduced its seriousness. None of the factors pointed ineluctably to immediate custody, and strong mitigation and prospects of rehabilitation justified suspending the sentence.

Parties
Prosecution: Regina; Appellant: Nathan John Joseph Waldron
Jurisdiction
England and Wales
Judgment Date
07 November 2019
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal allowed in part
Legal Topics
Dangerous Driving, Sentencing, Suspended Sentence, Mitigation
Criminal Law Dangerous Driving Sentencing Suspended Sentence Mitigation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Regina

Prosecution

Nathan John Joseph Waldron

Appellant

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the sentence of immediate imprisonment for dangerous driving was appropriate
  2. 2 Whether the custodial sentence should have been suspended

Ratio Decidendi

The features of the dangerous driving warranted a custodial sentence, but the misunderstanding regarding the nature of the driving reduced its seriousness. None of the factors pointed ineluctably to immediate custody, and strong mitigation and prospects of rehabilitation justified suspending the sentence.

Court Disposition

appeal allowed in part

Orders

  • Custodial term reduced from 10 months to 6 months
  • Sentence suspended for 12 months