R v Nathan Shultz

R v Nathan Shultz

The appellant's driving did not amount to level 1 seriousness as it was not a prolonged, persistent, or deliberate course of very bad driving, nor was there gross impairment from alcohol. The appropriate categorisation was level 2, warranting a starting point of five years' custody, uplifted to six years due to aggravating factors. The sentence of nine years was manifestly excessive and was reduced to six years for count 1, with a total sentence of seven years' imprisonment.

Parties
Appellant: Nathan Shultz; Respondent: Rex
Jurisdiction
England and Wales
Judgment Date
16 April 2024
Procedural Posture
Criminal Appeal / Sentence Appeal After Conviction
Outcome
appeal allowed in part; sentence reduced
Legal Topics
Causing Death by Dangerous Driving, Sentencing Guidelines, Appeal Against Sentence
Criminal Law Road Traffic Causing Death by Dangerous Driving Sentencing Guidelines Appeal Against Sentence

Case Brief

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Parties

Nathan Shultz

Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Sentence Appeal After Conviction

Legal Issues

  1. 1 Whether the appellant's driving prior to the fatal collision amounted to level 1 seriousness 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 amount to level 1 seriousness as it was not a prolonged, persistent, or deliberate course of very bad driving, nor was there gross impairment from alcohol. The appropriate categorisation was level 2, warranting a starting point of five years' custody, uplifted to six years due to aggravating factors. The sentence of nine years was manifestly excessive and was reduced to six years for count 1, with a total sentence of seven years' imprisonment.

Court Disposition

appeal allowed in part; sentence reduced

Orders

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