Freeth, R. v [2023] EWCA Crim 1754 (20 December 2023)

Freeth, R. v [2023] EWCA Crim 1754 (20 December 2023)

The sentencing judge was entitled to use the highest starting point under the guidelines, provided the sentence did not exceed the statutory maximum of 14 years applicable at the time of the offence. The aggravating features and lack of mitigation justified the sentence imposed. The only error was in the calculation of the extension period for disqualification, which should reflect eligibility for release at half, not two-thirds, of the custodial term.

Citation
[2023] EWCA Crim 1754
Parties
Respondent: Rex; Appellant: Scott Ashley Freeth
Jurisdiction
England and Wales
Judgment Date
20 December 2023
Procedural Posture
Criminal Appeal / Court of Appeal Judgment on Sentence
Outcome
Appeal allowed in part
Legal Topics
Causing Death by Dangerous Driving, Perverting the Course of Justice, Sentencing Guidelines, Statutory Maximum Sentence, Driving Disqualification
Criminal Law Sentencing Causing Death by Dangerous Driving Perverting the Course of Justice Sentencing Guidelines Statutory Maximum Sentence Driving Disqualification

Case Brief

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Parties

Rex

Respondent

Scott Ashley Freeth

Appellant

Procedural Posture

Criminal Appeal / Court of Appeal Judgment on Sentence

Legal Issues

  1. 1 Whether the sentencing judge erred by applying a starting point above the statutory maximum for causing death by dangerous driving committed before the increase to life imprisonment
  2. 2 Whether the period of driving disqualification was calculated on an incorrect assumption about release date
  3. 3 Whether the discretionary disqualification period was affected by a misapprehension of the minimum obligatory term

Ratio Decidendi

The sentencing judge was entitled to use the highest starting point under the guidelines, provided the sentence did not exceed the statutory maximum of 14 years applicable at the time of the offence. The aggravating features and lack of mitigation justified the sentence imposed. The only error was in the calculation of the extension period for disqualification, which should reflect eligibility for release at half, not two-thirds, of the custodial term.

Court Disposition

Appeal allowed in part

Orders

  • Extension period for driving disqualification reduced to four years eight months
  • All other aspects of sentence affirmed