Murray, R. v

Murray, R. v

The sentence of six years was excessive because the judge placed the case in the high culpability bracket (not the most serious), and the starting point should have been four and a half to seven years before discount for plea. Allowing for the guilty plea and mitigation, the appropriate sentence is four and a half years' imprisonment.

Parties
Respondent: Regina; Appellant: Peter Murray
Jurisdiction
England and Wales
Judgment Date
09 October 2007
Procedural Posture
Criminal Appeal / Sentence Appeal
Outcome
appeal allowed; sentence reduced
Legal Topics
Dangerous Driving, Causing Death by Dangerous Driving, Sentencing Guidelines, Appeal Against Sentence
Criminal Law Dangerous Driving Causing Death by Dangerous Driving Sentencing Guidelines Appeal Against Sentence

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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
  2. 2 Whether the sentencing judge correctly applied the sentencing guidelines and starting points for high culpability cases
  3. 3 Whether failure to hold a Newton hearing on the extent of erratic driving affected the fairness of sentence

Ratio Decidendi

The sentence of six years was excessive because the judge placed the case in the high culpability bracket (not the most serious), and the starting point should have been four and a half to seven years before discount for plea. Allowing for the guilty plea and mitigation, the appropriate sentence is four and a half years' imprisonment.

Court Disposition

appeal allowed; sentence reduced

Orders

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