R v Scott Ashley Freeth

R v Scott Ashley Freeth

The sentencing judge was entitled to use the maximum sentence as the starting point given the seriousness and aggravating features of the case, provided the statutory maximum was not exceeded; the only error was in the calculation of the extension period for disqualification, which should reflect release at the halfway point of the sentence.

Parties
Appellant: Scott Ashley Freeth; Respondent: Rex
Jurisdiction
England and Wales
Judgment Date
24 November 2024
Procedural Posture
Criminal Appeal / Judgment on Sentence Appeal
Outcome
appeal allowed in part
Legal Topics
Causing Death by Dangerous Driving, Perverting the Course of Justice, Sentencing Guidelines, Driving Disqualification
Criminal Law Causing Death by Dangerous Driving Perverting the Course of Justice Sentencing Guidelines Driving Disqualification

Case Brief

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Parties

Scott Ashley Freeth

Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Judgment on Sentence Appeal

Legal Issues

  1. 1 Whether the sentencing judge erred in applying the new Sentencing Council Guideline and maximum sentence to offences committed before the increase in statutory maximum
  2. 2 Whether the period of driving disqualification was calculated on an incorrect basis regarding release date
  3. 3 Whether the sentence imposed was manifestly excessive

Ratio Decidendi

The sentencing judge was entitled to use the maximum sentence as the starting point given the seriousness and aggravating features of the case, provided the statutory maximum was not exceeded; the only error was in the calculation of the extension period for disqualification, which should reflect release at the halfway point of the sentence.

Court Disposition

appeal allowed in part

Orders

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