Petherick, R. v

Petherick, R. v

The sentence was reduced to three years and ten months to reflect the combined factors of personal mitigation and the effect on the defendant’s child, balancing the seriousness of the offence with the impact on family life under Article 8 ECHR.

Parties
Appellant: Rosie Lee Petherick; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
03 October 2012
Procedural Posture
Criminal Appeal / Judgment on Sentencing Appeal
Outcome
appeal allowed in part
Legal Topics
Causing Death by Dangerous Driving, Driving With Excess Alcohol, Sentencing, Mitigation, Article 8 ECHR, Impact on Dependent Children
Criminal Law Human Rights Causing Death by Dangerous Driving Driving With Excess Alcohol Sentencing Mitigation Article 8 ECHR Impact on Dependent Children

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Parties

Rosie Lee Petherick

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Judgment on Sentencing Appeal

Legal Issues

  1. 1 Whether the original sentence was proportionate given the aggravating and mitigating factors
  2. 2 Whether the impact on the defendant's dependent child warranted further mitigation
  3. 3 Whether Article 8 ECHR and related child welfare principles affect sentencing

Ratio Decidendi

The sentence was reduced to three years and ten months to reflect the combined factors of personal mitigation and the effect on the defendant’s child, balancing the seriousness of the offence with the impact on family life under Article 8 ECHR.

Court Disposition

appeal allowed in part

Orders

  • Original sentence of four years and nine months substituted with three years and ten months imprisonment.