R v Syed Minhaz Ahmed
[2023] EWCA Crim 1537
A Reference by His Majesty’s Solicitor General under Section 36 of the Criminal Justice Act 1988: Luis Fernando Balcazar Soto & Anor
26 January 2023
[2023] EWCA Crim 55
Court of Appeal
Two people were jailed for dangerous driving that killed someone. One's sentence was too short, so it was made longer because the judge didn't consider a new, harsher law. The other's sentence was okay.
Key Facts
- •Luis Balcazar-Soto caused death by dangerous driving while intoxicated, exceeding the speed limit significantly and attempting to flee the scene.
- •Malcolm Waite caused death by dangerous driving while intoxicated, swerving his car onto the pavement and striking two pedestrians.
- •Both cases involved offences committed after June 28, 2022, when the maximum penalty for causing death by dangerous driving increased from 14 years to life imprisonment.
- •Sentencing guidelines were based on the previous 14-year maximum.
Legal Principles
Sentencing courts must consider legislative changes to maximum sentences when determining appropriate sentences.
Richardson and others [2006] EWCA Crim 3186
While guidelines should be followed, departure is justified in the interests of justice when a maximum sentence has been substantially changed and the guideline hasn't been updated.
Nugent [2021] EWCA Crim 1835, Section 59(1) Sentencing Code 2000
For the most serious cases of causing death by dangerous driving (Level 1 offences), sentences must be increased to reflect the increased maximum sentence, even if it exceeds the guideline range.
Brown [2018] EWCA Crim 1775, Section 86(2) of the 2022 Act
Proportionality between sentences for similar offences must be maintained.
Richardson and others [2006] EWCA Crim 3186, Williams [2017] EWCA Crim 305
Outcomes
Balcazar-Soto's sentence increased from 9 years 9 months to 12 years 9 months.
The original sentence did not adequately reflect the increased maximum penalty and the seriousness of the offence, which involved a prolonged period of dangerous driving while intoxicated, resulting in death and serious injury.
Waite's sentence of 8 years imprisonment remained unaltered.
The judge appropriately considered the increased maximum sentence when setting the starting point and balanced aggravating and mitigating factors; the court found no basis to substitute its judgment for the experienced judge's.