Richardson & Ors, R v

Richardson & Ors, R v

The increase in maximum sentences under s285 Criminal Justice Act 2003 is intended to address cases of greatest gravity, permitting longer sentences, but proportional increases should be applied throughout the sentencing range. Sentencing guidelines in Cooksley are amended upwards, with revised ranges for culpability. Aggravating and mitigating factors must be carefully considered, avoiding double accounting. Causing death by dangerous driving and causing death by careless driving under the influence are to be treated equally in seriousness, but careless driving without impairment is less culpable.

Parties
Prosecution: R; Appellant: Richardson; Appellant: Sheppard; Appellant: Abery; Appellant: Little; Appellant: Poel; Appellant: Robertson; Respondent: Crown
Jurisdiction
England and Wales
Judgment Date
18 December 2006
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
Appeals and applications dismissed except for Poel, whose sentence was reduced.
Legal Topics
Causing Death by Dangerous Driving, Causing Death by Careless Driving Under Influence, Sentencing Guidelines, Aggravating and Mitigating Factors, Statutory Maximum Sentences
Criminal Law Sentencing Causing Death by Dangerous Driving Causing Death by Careless Driving Under Influence Sentencing Guidelines Aggravating and Mitigating Factors Statutory Maximum Sentences

Case Brief

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Parties

R

Prosecution

Richardson

Appellant

Sheppard

Appellant

Abery

Appellant

Little

Appellant

Poel

Appellant

Robertson

Appellant

Crown

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Impact of increased maximum sentences under s285 Criminal Justice Act 2003 on sentencing guidelines for causing death by dangerous/careless driving
  2. 2 Relationship between causing death by dangerous driving and causing death by careless driving under the influence
  3. 3 Appropriate sentencing ranges and aggravating/mitigating factors

Ratio Decidendi

The increase in maximum sentences under s285 Criminal Justice Act 2003 is intended to address cases of greatest gravity, permitting longer sentences, but proportional increases should be applied throughout the sentencing range. Sentencing guidelines in Cooksley are amended upwards, with revised ranges for culpability. Aggravating and mitigating factors must be carefully considered, avoiding double accounting. Causing death by dangerous driving and causing death by careless driving under the influence are to be treated equally in seriousness, but careless driving without impairment is less culpable.

Court Disposition

Appeals and applications dismissed except for Poel, whose sentence was reduced.

Orders

  • Richardson: appeal dismissed, sentence of three years detention upheld.
  • Sheppard: application refused, sentence of three years imprisonment upheld.