Bolam, R v [2009] EWCA Crim 2462 (17 November 2009)

Bolam, R v [2009] EWCA Crim 2462 (17 November 2009)

The sentence imposed was excessive given the appellant's effective good character and impeccable driving record; the appropriate sentence after trial was five years' imprisonment, and the disqualification period should be reduced to five years to align with the custodial term.

Source-derived case information.

Citation
[2009] EWCA Crim 2462
Parties
Prosecution: Regina; Appellant: Robert Bolam
Jurisdiction
England and Wales
Judgment Date
17 November 2009
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed
Legal Topics
Causing Death by Dangerous Driving, Sentencing Guidelines, Mitigation, Driving Disqualification
Criminal Law Causing Death by Dangerous Driving Sentencing Guidelines Mitigation Driving Disqualification

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Parties

Regina

Prosecution

Robert Bolam

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Was the seven-year custodial sentence excessive given the appellant's mitigation and sentencing guidelines?
  2. 2 Should the period of driving disqualification be reduced in line with the custodial term?

Ratio Decidendi

The sentence imposed was excessive given the appellant's effective good character and impeccable driving record; the appropriate sentence after trial was five years' imprisonment, and the disqualification period should be reduced to five years to align with the custodial term.

Court Disposition

appeal allowed

Orders

  • seven-year custodial sentence quashed and substituted with five years' imprisonment
  • eight-year driving disqualification quashed and substituted with five years' disqualification