McKeown, R v [2016] NICA 24 (26 May 2016)
The trial judge erred in imposing a three year disqualification and an extended driving test requirement because the risk posed by the appellant was low, the offence was not prescribed for an extended test, and the disqualification should be forward-looking and preventative, not based on the consequences of the offence. A 12 month disqualification is appropriate.
- Citation
- [2016] NICA 24
- Parties
- Prosecution: The Queen; Appellant: Patricia McKeown
- Jurisdiction
- Northern Ireland
- Judgment Date
- 26 May 2016
- Procedural Posture
- Criminal Appeal / Appeal Against Sentence
- Outcome
- appeal allowed
- Legal Topics
- Sentencing, Driving Disqualification, Careless Driving, Extended Driving Test, Appeal Procedure
Case Brief
Summary, issues, holding and outcome
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Parties
The Queen
Prosecution
Patricia McKeown
Appellant
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Legal Issues
- 1 Whether the trial judge was correct to impose a three year driving disqualification for causing grievous bodily injury by careless driving
- 2 Whether the trial judge was correct to impose a requirement for an extended driving test
Ratio Decidendi
The trial judge erred in imposing a three year disqualification and an extended driving test requirement because the risk posed by the appellant was low, the offence was not prescribed for an extended test, and the disqualification should be forward-looking and preventative, not based on the consequences of the offence. A 12 month disqualification is appropriate.
Court Disposition
appeal allowed
Orders
- Disqualification period reduced to 12 months
- Requirement for extended driving test removed
Full Case Text
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