Bowyer, R v [2009] EWCA Crim 1112 (12 May 2009)

Bowyer, R v [2009] EWCA Crim 1112 (12 May 2009)

The judge was entitled to impose a sentence towards the upper end of the level 2 sentencing range for causing death by dangerous driving, given the prolonged, competitive, and aggressive nature of the applicant's driving. However, the 7-year driving disqualification was excessive and should be reduced to 5 years.

Citation
[2009] EWCA Crim 1112
Parties
Prosecution: Regina; Applicant: Peter Edward Bowyer
Jurisdiction
England and Wales
Judgment Date
12 May 2009
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence
Outcome
Application for leave to appeal against sentence refused; leave to appeal against disqualification granted; disqualification reduced from 7 years to 5 years.
Legal Topics
Causing Death by Dangerous Driving, Sentencing Guidelines, Disqualification From Driving
Criminal Law Causing Death by Dangerous Driving Sentencing Guidelines Disqualification From Driving

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Parties

Regina

Prosecution

Peter Edward Bowyer

Applicant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence of six-and-a-half years' imprisonment for causing death by dangerous driving was manifestly excessive
  2. 2 Whether the 7-year driving disqualification was too long

Ratio Decidendi

The judge was entitled to impose a sentence towards the upper end of the level 2 sentencing range for causing death by dangerous driving, given the prolonged, competitive, and aggressive nature of the applicant's driving. However, the 7-year driving disqualification was excessive and should be reduced to 5 years.

Court Disposition

Application for leave to appeal against sentence refused; leave to appeal against disqualification granted; disqualification reduced from 7 years to 5 years.

Orders

  • Extension of time to renew application for leave to appeal granted.
  • Application for leave to appeal against custodial sentence refused.