Cambray, R. v

Cambray, R. v

Although the alternative of careless driving ought to have been left to the jury, the verdicts were safe because the jury was properly directed and there was no risk of conviction out of reluctance to acquit. The sentence of eight years was excessive for intermediate culpability and should be reduced to six years...

Source-derived case information.

Parties
Appellant: Paul Cambray; Respondent: The Crown
Jurisdiction
England and Wales
Judgment Date
12 June 2006
Procedural Posture
Criminal Appeal / Judgment on Conviction and Sentence
Outcome
Appeal against conviction dismissed; appeal against sentence allowed in part.
Legal Topics
Causing Death by Dangerous Driving, Dangerous Driving, Careless Driving, Sentencing Guidelines
Criminal Law Road Traffic Law Causing Death by Dangerous Driving Dangerous Driving Careless Driving Sentencing Guidelines

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Parties

Paul Cambray

Appellant

The Crown

Respondent

Procedural Posture

Criminal Appeal / Judgment on Conviction and Sentence

Legal Issues

  1. 1 Whether the judge ought to have left the statutory alternative of careless driving to the jury
  2. 2 Whether the verdicts for causing death by dangerous driving and dangerous driving were safe
  3. 3 Appropriateness of the eight-year sentence imposed

Ratio Decidendi

Although the alternative of careless driving ought to have been left to the jury, the verdicts were safe because the jury was properly directed and there was no risk of conviction out of reluctance to acquit. The sentence of eight years was excessive for intermediate culpability and should be reduced to six years for consistency.

Court Disposition

Appeal against conviction dismissed; appeal against sentence allowed in part.

Orders

  • Sentence for causing death by dangerous driving reduced from eight years to six years' imprisonment.
  • Driving disqualification for ten years remains.