Schultz, R. v [2023] EWCA Crim 1335 (15 November 2023)

Permission to appeal against sentence is granted because the submissions regarding the sentencing judge's reliance on extrinsic factors are reasonably arguable and warrant full consideration by the court.

Citation: [2023] EWCA Crim 1335
Parties: Respondent: Rex; Appellant: Nathan Schultz
Jurisdiction: England and Wales
Judgment Date: 15 November 2023
Procedural Posture: Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction and Sentence
Outcome: Permission to appeal against sentence granted; renewed application for leave to appeal against conviction dismissed.
Legal Topics: Causing Death by Dangerous Driving, Sentencing, Appeal Procedure

Criminal Law Causing Death by Dangerous Driving Sentencing Appeal Procedure

Case Brief

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2 Amounts and remedies 1

Parties

Rex

Respondent

Nathan Schultz

Appellant

Procedural Posture

Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction and Sentence

Legal Issues

1 Whether leave to appeal against sentence should be granted in a case of causing death by dangerous driving
2 Whether the sentencing judge erred in categorising the offence as Level 1 based on extrinsic factors

Ratio Decidendi

Court Disposition

Permission to appeal against sentence granted; renewed application for leave to appeal against conviction dismissed.

Orders

Hearing adjourned for the CPS to instruct an advocate and for the victim's family to attend.
Direction for assembly of evidence relevant to the quality of the applicant's driving before and at the time of the fatal accident.