Kumar, R. v [2022] EWCA Crim 1577 (13 October 2022)

Kumar, R. v [2022] EWCA Crim 1577 (13 October 2022)

The seriousness of the offence, the high level of culpability, and the life-changing harm to the victim justified an immediate custodial sentence; the judge was entitled to conclude that only immediate custody could achieve appropriate punishment, and the sentence was neither manifestly excessive nor based on a...

Source-derived case information.

Citation
[2022] EWCA Crim 1577
Parties
Prosecution: Rex; Appellant: Roopa Kumar
Jurisdiction
England and Wales
Judgment Date
13 October 2022
Procedural Posture
Criminal Appeal / Court of Appeal Judgment on Sentence
Outcome
appeal dismissed
Legal Topics
Dangerous Driving, Sentencing, Suspension of Custodial Sentence, Aggravating and Mitigating Factors
Criminal Law Dangerous Driving Sentencing Suspension of Custodial Sentence Aggravating and Mitigating Factors

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Parties

Rex

Prosecution

Roopa Kumar

Appellant

Procedural Posture

Criminal Appeal / Court of Appeal Judgment on Sentence

  1. 1 Whether the custodial sentence imposed was manifestly excessive or based on an incorrect starting point
  2. 2 Whether the sentence of 18 months' imprisonment should have been suspended

Ratio Decidendi

The seriousness of the offence, the high level of culpability, and the life-changing harm to the victim justified an immediate custodial sentence; the judge was entitled to conclude that only immediate custody could achieve appropriate punishment, and the sentence was neither manifestly excessive nor based on a wrong starting point.

Court Disposition

appeal dismissed

Orders

  • Permission to appeal on grounds relating to sentence length and starting point refused
  • Appeal against immediate custody dismissed