Neher, R. v

Neher, R. v

The sentencing judge failed to properly consider strong personal mitigation and erred in concluding that immediate custody was the only appropriate punishment. The sentence should be suspended given the appellant's circumstances and low risk of reoffending.

Parties
Prosecution: Regina; Appellant: Sumaiya Neher
Jurisdiction
England and Wales
Judgment Date
12 September 2017
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeal allowed
Legal Topics
Dangerous Driving, Sentencing, Suspension of Custodial Sentence, Disqualification From Driving
Criminal Law Road Traffic Law Dangerous Driving Sentencing Suspension of Custodial Sentence Disqualification From Driving

Case Brief

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Parties

Regina

Prosecution

Sumaiya Neher

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the immediate custodial sentence imposed was manifestly excessive
  2. 2 Whether the sentence should have been suspended given the appellant's personal mitigation
  3. 3 Whether the period of disqualification from driving should be extended due to time spent in custody

Ratio Decidendi

The sentencing judge failed to properly consider strong personal mitigation and erred in concluding that immediate custody was the only appropriate punishment. The sentence should be suspended given the appellant's circumstances and low risk of reoffending.

Court Disposition

appeal allowed

Orders

  • Sentences of immediate imprisonment quashed and replaced with nine months' imprisonment on each count, suspended for two years, concurrent.
  • Disqualification from driving extended from two years to two years and 10 weeks.