Harrison, R. v [2024] EWCA Crim 359 (20 February 2024)

The sentencing judge correctly applied the relevant guideline, properly weighed aggravating and mitigating factors, and the sentence of 7 years' imprisonment was neither excessive nor wrong in principle. The driving disqualification and requirement for an extended driving test were lawfully imposed.

Citation: [2024] EWCA Crim 359
Parties: Prosecution: Rex; Applicant: Robert Harrison
Jurisdiction: England and Wales
Judgment Date: 20 February 2024
Procedural Posture: Criminal Appeal / Renewed Application for Permission to Appeal Sentence
Outcome: renewed application for permission to appeal sentence refused
Legal Topics: Causing Death by Dangerous Driving, Sentencing Guidelines, Driving Disqualification, Appeal Against Sentence

Criminal Law Road Traffic Law Causing Death by Dangerous Driving Sentencing Guidelines Driving Disqualification Appeal Against Sentence

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Full judgment text Downloadable case file Legal principles 5 Authorities cited 4 Party arguments 2 Amounts and remedies 3

Parties

Rex

Prosecution

Robert Harrison

Applicant

Procedural Posture

Criminal Appeal / Renewed Application for Permission to Appeal Sentence

Legal Issues

1 Whether the sentence of 7 years' imprisonment for causing death by dangerous driving was manifestly excessive
2 Whether the judge gave too much weight to the applicant's status as a professional driver
3 Whether insufficient weight was given to mitigation

Ratio Decidendi

Court Disposition

renewed application for permission to appeal sentence refused

Orders

Applicant must successfully complete an Extended Driving Test under section 36 Road Traffic Offenders Act 1988 before being permitted to drive again