Murray, R. v [2007] EWCA Crim 2476 (09 October 2007)

Murray, R. v [2007] EWCA Crim 2476 (09 October 2007)

The sentence of six years was excessive because, although the case fell within the high culpability bracket due to alcohol consumption and multiple deaths, the starting point should have been four and a half to seven years post-trial, and further reduction was warranted for the guilty plea and mitigation. The...

Source-derived case information.

Citation
[2007] EWCA Crim 2476
Parties
Respondent: Regina; Appellant: Peter Murray
Jurisdiction
England and Wales
Judgment Date
09 October 2007
Procedural Posture
Criminal Appeal / Sentence Appeal
Outcome
appeal allowed in part; sentence reduced
Legal Topics
Causing Death by Dangerous Driving, Sentencing Guidelines, Aggravating and Mitigating Factors, Guilty Plea Discount
Criminal Law Sentencing Causing Death by Dangerous Driving Sentencing Guidelines Aggravating and Mitigating Factors Guilty Plea Discount

Source-derived case record

Summary, issues, holding and outcome

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Parties

Regina

Respondent

Peter Murray

Appellant

Procedural Posture

Criminal Appeal / Sentence Appeal

Legal Issues

  1. 1 Whether the sentence of six years' imprisonment for four counts of causing death by dangerous driving was manifestly excessive given the circumstances and applicable sentencing guidelines.

Ratio Decidendi

The sentence of six years was excessive because, although the case fell within the high culpability bracket due to alcohol consumption and multiple deaths, the starting point should have been four and a half to seven years post-trial, and further reduction was warranted for the guilty plea and mitigation. The appropriate sentence is four and a half years' imprisonment.

Court Disposition

appeal allowed in part; sentence reduced

Orders

  • Sentence of six years' imprisonment quashed and substituted with four and a half years' imprisonment.
  • Other orders (driving disqualification and extended test requirement) remain unaffected.