Robinson, R v [2009] EWCA Crim 450 (9 February 2009)

Robinson, R v [2009] EWCA Crim 450 (9 February 2009)

Full credit for the guilty plea should have been given as the applicant did not persist in contesting the facts at sentence, and the starting point of 12 years was justified given the seriousness and aggravating features of the offence.

Citation
[2009] EWCA Crim 450
Parties
Prosecution: Regina; Applicant: Ross Robinson
Jurisdiction
England and Wales
Judgment Date
09 February 2009
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence, Renewed Before Full Court
Outcome
appeal allowed in part
Legal Topics
Causing Death by Dangerous Driving, Sentencing, Credit for Guilty Plea, Aggravating and Mitigating Factors
Criminal Law Causing Death by Dangerous Driving Sentencing Credit for Guilty Plea Aggravating and Mitigating Factors

Case Brief

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Parties

Regina

Prosecution

Ross Robinson

Applicant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence, Renewed Before Full Court

Legal Issues

  1. 1 Whether the sentencing judge took too high a starting point for the offence of causing death by dangerous driving
  2. 2 Whether sufficient reduction was given for the applicant's guilty plea

Ratio Decidendi

Full credit for the guilty plea should have been given as the applicant did not persist in contesting the facts at sentence, and the starting point of 12 years was justified given the seriousness and aggravating features of the offence.

Court Disposition

appeal allowed in part

Orders

  • Leave to appeal granted
  • Sentence reduced from 9 years to 8 years' imprisonment