Bowling, R. v

Bowling, R. v

The 4-year driving disqualification was excessive given the facts: the applicant did not meet the 'dangerousness' criteria, had no aggravating features, pleaded guilty, and would need to drive for his livelihood after release. The appropriate period is 24 months, matching the custodial sentence and supporting rehabilitation.

Parties
Prosecutor: Regina; Applicant: Stephen David Bowling
Jurisdiction
England and Wales
Judgment Date
30 April 2008
Procedural Posture
Criminal Appeal / Application for Extension of Time and Leave to Appeal Sentence
Outcome
appeal allowed in part
Legal Topics
Sexual Offences, Sentencing, Driving Disqualification
Criminal Law Sexual Offences Sentencing Driving Disqualification

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Parties

Regina

Prosecutor

Stephen David Bowling

Applicant

Procedural Posture

Criminal Appeal / Application for Extension of Time and Leave to Appeal Sentence

Legal Issues

  1. 1 Whether the 4-year driving disqualification imposed under section 147 of the Powers of Criminal Courts (Sentencing) Act 2000 was excessive in light of the custodial sentence and circumstances of the offence.

Ratio Decidendi

The 4-year driving disqualification was excessive given the facts: the applicant did not meet the 'dangerousness' criteria, had no aggravating features, pleaded guilty, and would need to drive for his livelihood after release. The appropriate period is 24 months, matching the custodial sentence and supporting rehabilitation.

Court Disposition

appeal allowed in part

Orders

  • Order of 4-year driving disqualification quashed and substituted with a 24-month disqualification.