Shultz, R. v [2024] EWCA Crim 368 (02 February 2024)

Shultz, R. v [2024] EWCA Crim 368 (02 February 2024)

The appellant's driving did not meet the threshold for a level 1 offence as there was no prolonged, persistent, or deliberate course of very bad driving, nor gross impairment from alcohol. The correct categorisation was level 2, warranting a starting point of five years' custody, uplifted to six years due to aggravating factors. The original sentence was manifestly excessive and was reduced accordingly.

Citation
[2024] EWCA Crim 368
Parties
Prosecution: Rex; Appellant: Nathan Shultz
Jurisdiction
England and Wales
Judgment Date
02 February 2024
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Causing Death by Dangerous Driving, Sentencing Guidelines, Appeal Against Sentence, Road Traffic Offences
Criminal Law Road Traffic Law Causing Death by Dangerous Driving Sentencing Guidelines Appeal Against Sentence Road Traffic Offences

Case Brief

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Parties

Rex

Prosecution

Nathan Shultz

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the appellant's driving constituted a level 1 offence under the Sentencing Guidelines for causing death by dangerous driving
  2. 2 Whether the sentence imposed was manifestly excessive

Ratio Decidendi

The appellant's driving did not meet the threshold for a level 1 offence as there was no prolonged, persistent, or deliberate course of very bad driving, nor gross impairment from alcohol. The correct categorisation was level 2, warranting a starting point of five years' custody, uplifted to six years due to aggravating factors. The original sentence was manifestly excessive and was reduced accordingly.

Court Disposition

appeal allowed in part

Orders

  • Sentence of nine years' imprisonment on count 1 quashed and replaced with six years' imprisonment
  • All other sentences to remain the same except the extended period of disqualification reduced to 42 months