R v Ruben Matthew Marks

R v Ruben Matthew Marks

The sentence of no separate penalty for the lesser alternative offence was quashed and the count was ordered to lie on the file to avoid double conviction for the same conduct. The disqualification order remains, treated as imposed under section 164 of the Sentencing Act 2020. The extended re-test order is quashed as it only applies to the disqualification under section 36 of the Road Traffic Offenders Act 1988, which is no longer applicable.

Parties
Prosecutor: Rex; Appellant: Ruben Matthew Marks
Jurisdiction
England and Wales
Judgment Date
28 October 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

Case Brief

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Parties

Rex

Prosecutor

Ruben Matthew Marks

Appellant

Procedural Posture

Criminal Appeal / Sentence Appeal

Legal Issues

  1. 1 Whether the court erred in imposing no separate penalty for the lesser alternative offence instead of ordering it to lie on the file
  2. 2 Whether the disqualification and extended re-test orders were lawfully imposed

Ratio Decidendi

The sentence of no separate penalty for the lesser alternative offence was quashed and the count was ordered to lie on the file to avoid double conviction for the same conduct. The disqualification order remains, treated as imposed under section 164 of the Sentencing Act 2020. The extended re-test order is quashed as it only applies to the disqualification under section 36 of the Road Traffic Offenders Act 1988, which is no longer applicable.

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