Redding, R. v [2021] EWCA Crim 1502 (29 September 2021)

Redding, R. v [2021] EWCA Crim 1502 (29 September 2021)

Given the unique facts, including the absence of impairment from drugs, challenging road conditions, and significant mitigation, the Recorder's sentence was not unduly lenient and properly reflected the circumstances. The process for giving a sentencing indication did not breach Goodyear principles, and the starting...

Source-derived case information.

Citation
[2021] EWCA Crim 1502
Parties
Respondent: Regina; Appellant/offender: Thomas Edward Redding
Jurisdiction
England and Wales
Judgment Date
29 September 2021
Procedural Posture
Criminal Appeal (attorney General's Reference) / Application for Leave to Refer Sentence as Unduly Lenient
Outcome
Application for leave to refer sentence as unduly lenient refused
Legal Topics
Causing Death by Careless Driving, Sentencing Guidelines, Strict Liability Offences, Drug Driving, Judicial Discretion, Attorney General's Reference
Criminal Law Sentencing Causing Death by Careless Driving Sentencing Guidelines Strict Liability Offences Drug Driving Judicial Discretion Attorney General's Reference

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Summary, issues, holding and outcome

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Parties

Regina

Respondent

Thomas Edward Redding

Appellant/offender

Procedural Posture

Criminal Appeal (attorney General's Reference) / Application for Leave to Refer Sentence as Unduly Lenient

Legal Issues

  1. 1 Whether the sentence imposed was unduly lenient under s.36 Criminal Justice Act 1988
  2. 2 Whether the Recorder erred in departing from the Sentencing Council Guideline for s.3A Road Traffic Act 1988 offences
  3. 3 Whether the process for giving a sentencing indication was improper under R v Goodyear and CPR Rule 3.31

Ratio Decidendi

Given the unique facts, including the absence of impairment from drugs, challenging road conditions, and significant mitigation, the Recorder's sentence was not unduly lenient and properly reflected the circumstances. The process for giving a sentencing indication did not breach Goodyear principles, and the starting point for sentence was within the guideline range or justified departure.

Court Disposition

Application for leave to refer sentence as unduly lenient refused

Orders

  • Leave to refer sentence refused