Marks, R. [2024] EWCA Crim 1162 (20 September 2024)

Marks, R. [2024] EWCA Crim 1162 (20 September 2024)

The court must order the lesser count to lie on the file rather than impose 'no separate penalty' when a defendant is convicted of a more serious alternative offence, to prevent multiple convictions for the same criminal conduct.

Source-derived case information.

Citation
[2024] EWCA Crim 1162
Parties
Prosecution: Rex; Appellant: Ruben Matthew Marks
Jurisdiction
England and Wales
Judgment Date
20 September 2024
Procedural Posture
Criminal Appeal / Sentence Appeal
Outcome
sentence of 'no separate penalty' quashed; count to lie on file; disqualification order remains; extended re-test order quashed
Legal Topics
Dangerous Driving, Grievous Bodily Harm, Sentencing Procedure, Alternative Offences
Criminal Law Dangerous Driving Grievous Bodily Harm Sentencing Procedure Alternative Offences

Source-derived case record

Summary, issues, holding and outcome

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Parties

Rex

Prosecution

Ruben Matthew Marks

Appellant

Procedural Posture

Criminal Appeal / Sentence Appeal

Legal Issues

  1. 1 Whether the court erred in imposing 'no separate penalty' rather than ordering the lesser count to lie on the file when alternative offences are charged and the defendant is convicted of the more serious offence.

Ratio Decidendi

The court must order the lesser count to lie on the file rather than impose 'no separate penalty' when a defendant is convicted of a more serious alternative offence, to prevent multiple convictions for the same criminal conduct.

Court Disposition

sentence of 'no separate penalty' quashed; count to lie on file; disqualification order remains; extended re-test order quashed

Orders

  • Sentence of 'no separate penalty' for causing serious injury by dangerous driving quashed
  • Count of causing serious injury by dangerous driving to lie on the file