Monington, R. v

Monington, R. v

The judge was justified in categorising the appellant's driving as falling not far short of dangerous driving due to excessive speed in wet conditions, lack of supervision, and inexperience; the sentence of 2 years' imprisonment was not manifestly excessive and properly applied the guidelines.

Parties
Prosecution: Regina; Appellant: Nathan Monington
Jurisdiction
England and Wales
Judgment Date
05 September 2018
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeal dismissed
Legal Topics
Causing Death by Careless Driving, Sentencing Guidelines, Driving Without Supervision, Provisional Licence, Aggravating and Mitigating Factors
Criminal Law Road Traffic Law Causing Death by Careless Driving Sentencing Guidelines Driving Without Supervision Provisional Licence Aggravating and Mitigating Factors

Case Brief

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Parties

Regina

Prosecution

Nathan Monington

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed for causing death by careless driving was manifestly excessive
  2. 2 Whether the judge erred in categorising the standard of driving as falling not far short of dangerous driving

Ratio Decidendi

The judge was justified in categorising the appellant's driving as falling not far short of dangerous driving due to excessive speed in wet conditions, lack of supervision, and inexperience; the sentence of 2 years' imprisonment was not manifestly excessive and properly applied the guidelines.

Court Disposition

appeal dismissed

Orders

  • Sentence of 2 years' imprisonment and 5-year driving disqualification with extended retest requirement upheld