Bowyer, R v

Bowyer, R v

The judge was entitled to pass a sentence towards the upper end of the sentencing range for level 2 cases based on the seriousness and length of competitive aggressive driving. The custodial sentence is not manifestly excessive, but the 7-year driving disqualification is too long and should be reduced to 5 years.

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 custodial sentence refused; leave to appeal against disqualification granted; 7-year disqualification quashed and substituted with 5-year disqualification; representation order granted.
Legal Topics
Causing Death by Dangerous Driving, Sentencing, Driving Disqualification
Criminal Law Causing Death by Dangerous Driving Sentencing Driving Disqualification

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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 was manifestly excessive
  2. 2 Whether the 7-year driving disqualification was too long

Ratio Decidendi

The judge was entitled to pass a sentence towards the upper end of the sentencing range for level 2 cases based on the seriousness and length of competitive aggressive driving. The custodial sentence is not manifestly excessive, but the 7-year driving disqualification is too long and should be reduced to 5 years.

Court Disposition

Application for leave to appeal against custodial sentence refused; leave to appeal against disqualification granted; 7-year disqualification quashed and substituted with 5-year disqualification; representation order granted.

Orders

  • Extension of time granted for application for leave to appeal
  • Leave to appeal granted on disqualification point