Brown, R. v [2018] EWCA Crim 1775 (26 July 2018)

Brown, R. v [2018] EWCA Crim 1775 (26 July 2018)

The proper approach is to impose concurrent sentences for each count of causing death by dangerous driving arising from a single incident, with each sentence aggravated to reflect multiple deaths and other aggravating factors. The original sentence was unduly lenient because it did not sufficiently reflect the gravity of the offending; the appropriate sentence before credit for plea was the statutory maximum of 14 years, reduced for limited mitigation and guilty plea. A consecutive sentence for driving while disqualified was appropriate.

Citation
[2018] EWCA Crim 1775
Parties
Appellant: Regina; Respondent: Robert Anthony Brown
Jurisdiction
England and Wales
Judgment Date
26 July 2018
Procedural Posture
Criminal Appeal (reference Under S.36 Criminal Justice Act 1988) / Court of Appeal Judgment on Reference for Unduly Lenient Sentence
Outcome
Appeal allowed; sentence increased
Legal Topics
Causing Death by Dangerous Driving, Driving While Disqualified, Sentencing Guidelines, Totality Principle, Consecutive Vs Concurrent Sentences
Criminal Law Sentencing Causing Death by Dangerous Driving Driving While Disqualified Sentencing Guidelines Totality Principle Consecutive Vs Concurrent Sentences

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Parties

Regina

Appellant

Robert Anthony Brown

Respondent

Procedural Posture

Criminal Appeal (reference Under S.36 Criminal Justice Act 1988) / Court of Appeal Judgment on Reference for Unduly Lenient Sentence

Legal Issues

  1. 1 Whether the original sentence for causing death by dangerous driving was unduly lenient
  2. 2 Whether consecutive sentences should be imposed for multiple deaths arising from a single incident
  3. 3 Proper application of sentencing guidelines and totality principle

Ratio Decidendi

The proper approach is to impose concurrent sentences for each count of causing death by dangerous driving arising from a single incident, with each sentence aggravated to reflect multiple deaths and other aggravating factors. The original sentence was unduly lenient because it did not sufficiently reflect the gravity of the offending; the appropriate sentence before credit for plea was the statutory maximum of 14 years, reduced for limited mitigation and guilty plea. A consecutive sentence for driving while disqualified was appropriate.

Court Disposition

Appeal allowed; sentence increased

Orders

  • Sentences imposed by the Crown Court quashed
  • For each offence of causing death by dangerous driving: 10 years 3 months' imprisonment (concurrent)