Brown, R. v

Brown, R. v

The sentence imposed was unduly lenient because the starting point should have been the statutory maximum of 14 years’ imprisonment before discount for plea, given the gravity of the offence, the multiple deaths, and the aggravating factors. However, the principle remains that sentences for multiple deaths arising from a single incident should be concurrent, not consecutive. The proper sentence after discount for plea was 10½ years’ imprisonment, with the sentence for driving while disqualified to run consecutively.

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, Sentencing Guidelines, Concurrent and Consecutive Sentences, Unduly Lenient Sentences
Criminal Law Sentencing Causing Death by Dangerous Driving Sentencing Guidelines Concurrent and Consecutive Sentences Unduly Lenient Sentences

Case Brief

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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 sentence imposed for causing death by dangerous driving was unduly lenient
  2. 2 Whether sentences for multiple deaths arising from a single incident should be concurrent or consecutive
  3. 3 Proper application of sentencing guidelines for causing death by dangerous driving

Ratio Decidendi

The sentence imposed was unduly lenient because the starting point should have been the statutory maximum of 14 years’ imprisonment before discount for plea, given the gravity of the offence, the multiple deaths, and the aggravating factors. However, the principle remains that sentences for multiple deaths arising from a single incident should be concurrent, not consecutive. The proper sentence after discount for plea was 10½ years’ imprisonment, with the sentence for driving while disqualified to run consecutively.

Court Disposition

appeal allowed; sentence increased

Orders

  • The sentences imposed by the Crown Court are quashed.
  • The offender is sentenced to 10 years 3 months’ imprisonment for each offence of causing death by dangerous driving, to run concurrently.