Watson, R v

Watson, R v

The sentence of five and a half years was excessive because the aggravating factors had already been considered in categorising the offence as level 2, and should not have been double-counted to increase the sentence above the starting point. The appropriate sentence is four and a half years' imprisonment.

Parties
Prosecutor: Regina; Appellant: Samantha Jane Watson
Jurisdiction
England and Wales
Judgment Date
15 May 2009
Procedural Posture
Criminal Appeal / Sentence Appeal
Outcome
appeal allowed in part
Legal Topics
Causing Death by Dangerous Driving, Sentencing Guidelines, Mitigating and Aggravating Factors, Appeal Against Sentence
Criminal Law Causing Death by Dangerous Driving Sentencing Guidelines Mitigating and Aggravating Factors Appeal Against Sentence

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Parties

Regina

Prosecutor

Samantha Jane Watson

Appellant

Procedural Posture

Criminal Appeal / Sentence Appeal

Legal Issues

  1. 1 Whether the sentence imposed for causing death by dangerous driving was manifestly excessive
  2. 2 Proper application of aggravating and mitigating factors under sentencing guidelines

Ratio Decidendi

The sentence of five and a half years was excessive because the aggravating factors had already been considered in categorising the offence as level 2, and should not have been double-counted to increase the sentence above the starting point. The appropriate sentence is four and a half years' imprisonment.

Court Disposition

appeal allowed in part

Orders

  • Sentence of five and a half years' imprisonment quashed
  • Substituted sentence of four and a half years' imprisonment imposed