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
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rex
Prosecution
Roopa Kumar
Appellant
Procedural Posture
Criminal Appeal / Court of Appeal Judgment on Sentence
Legal Issues
- 1 Whether the custodial sentence imposed was manifestly excessive or based on an incorrect starting point
- 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
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