Odedara, R v
A momentary lapse of attention without aggravating factors does not pass the custody threshold for causing death by careless driving; a community order with unpaid work is the appropriate sentence.
- Parties
- Prosecution: Regina; Appellant: Prakash Odedara
- Jurisdiction
- England and Wales
- Judgment Date
- 21 December 2009
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal allowed
- Legal Topics
- Sentencing, Causing Death by Careless Driving, Community Orders, Imprisonment Threshold
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Parties
Regina
Prosecution
Prakash Odedara
Appellant
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether immediate imprisonment was necessary for causing death by careless driving
- 2 Appropriate sentencing for momentary inattention resulting in fatality
Ratio Decidendi
A momentary lapse of attention without aggravating factors does not pass the custody threshold for causing death by careless driving; a community order with unpaid work is the appropriate sentence.
Court Disposition
appeal allowed
Orders
- Sentence of imprisonment quashed
- Substituted with community order requiring 100 hours unpaid work
Full Case Text
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