Legrys, R v Malcolm [2007] EWCA Crim 1605 (03 July 2007)

Although the sentence was lenient, given the powerful mitigation and the circumstances, it could not be described as unduly lenient and would not be altered.

Citation: [2007] EWCA Crim 1605
Parties: Appellant: R; Respondent: Malcolm Legrys
Jurisdiction: England and Wales
Judgment Date: 03 July 2007
Procedural Posture: Criminal Appeal / Application for Leave to Refer Sentence as Unduly Lenient Under S36 Criminal Justice Act 1988
Outcome: application refused; sentence not varied
Legal Topics: Causing Death by Dangerous Driving, Sentencing, Unduly Lenient Sentence, Mitigating Circumstances, Suspended Sentence

Criminal Law Causing Death by Dangerous Driving Sentencing Unduly Lenient Sentence Mitigating Circumstances Suspended Sentence

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Parties

Appellant

Malcolm Legrys

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Refer Sentence as Unduly Lenient Under S36 Criminal Justice Act 1988

Legal Issues

1 Whether the suspended sentence for causing death by dangerous driving was unduly lenient
2 Whether exceptional mitigating circumstances justified a non-custodial or suspended sentence

Ratio Decidendi

Although the sentence was lenient, given the powerful mitigation and the circumstances, it could not be described as unduly lenient and would not be altered.

Court Disposition

application refused; sentence not varied

Orders

Leave to refer sentence granted
Sentence not varied; application refused