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.