Lambert, R v [2008] EWCA Crim 2109 (27 August 2008)

Lambert, R v [2008] EWCA Crim 2109 (27 August 2008)

A custodial sentence of 12 months' detention in a young offender institution was not excessive for a serious case of wilful misconduct in cycling resulting in death, even after a prompt guilty plea and considering the applicant's age and lack of previous convictions.

Citation
[2008] EWCA Crim 2109
Parties
Respondent: Regina; Applicant: Robert John Lambert
Jurisdiction
England and Wales
Judgment Date
27 August 2008
Procedural Posture
Criminal Appeal / Application for Permission to Appeal Against Sentence
Outcome
application for permission to appeal refused
Legal Topics
Causing Bodily Harm by Wilful Misconduct, Sentencing, Dangerous Cycling, Duty of Care to Pedestrians
Criminal Law Causing Bodily Harm by Wilful Misconduct Sentencing Dangerous Cycling Duty of Care to Pedestrians

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Parties

Regina

Respondent

Robert John Lambert

Applicant

Procedural Posture

Criminal Appeal / Application for Permission to Appeal Against Sentence

Legal Issues

  1. 1 Whether a custodial sentence was justified for causing bodily harm by wilful misconduct while cycling
  2. 2 Whether the length of the sentence was excessive given the applicant's age, plea, and lack of previous convictions

Ratio Decidendi

A custodial sentence of 12 months' detention in a young offender institution was not excessive for a serious case of wilful misconduct in cycling resulting in death, even after a prompt guilty plea and considering the applicant's age and lack of previous convictions.

Court Disposition

application for permission to appeal refused

Orders

  • permission to appeal against sentence refused