R v Dylan John Wood
[2024] EWCA Crim 472
Calvin James Grant v R
28 November 2023
[2023] EWCA Crim 1414
Court of Appeal
A man was given a long driving ban along with a prison sentence. Because he'd already spent a lot of time in jail awaiting trial, the Court of Appeal reduced his driving ban, making it fairer.
Key Facts
- •Calvin James Grant was convicted of dangerous driving, possession of a prohibited weapon, and possession of a bladed article.
- •He was sentenced to 70 months imprisonment (concurrent sentences for the various offences) and a 3-year 11-month driving disqualification.
- •The disqualification comprised a 1-year base disqualification plus a 2-year 11-month extension due to the custodial sentence.
- •Grant had spent a significant period on remand before sentencing.
- •He appealed the length of the driving disqualification.
Legal Principles
When sentencing for multiple offences, including a driving offence requiring mandatory disqualification, a judge can consider time spent on remand when calculating the disqualification period to avoid disproportionate punishment.
R v Needham & Ors [2016] EWCA Crim 455
Sections 35A and 35B of the Road Traffic Offenders Act 1988 allow for an extension to driving disqualifications when a custodial sentence is imposed for another offence to ensure the disqualification is not served entirely while in custody.
Road Traffic Offenders Act 1988 (RTOA)
The court has discretion under section 35B of the RTOA to adjust the disqualification period to account for time spent on remand, but this adjustment should not reduce the disqualification below the statutory minimum.
Road Traffic Offenders Act 1988 (RTOA), sections 35B(2) and (3)
Outcomes
The appeal was allowed.
The original sentence was disproportionate given the time Grant spent on remand. The court exercised its discretion under section 35B of the RTOA to reduce the disqualification period.
The driving disqualification was reduced to 2 years.
This reflected a 12-month base disqualification, a 6-month extension under section 35A, and a 6-month uplift under section 35B, taking into account the time spent on remand.
The victim surcharge was administratively corrected from £181 to £170.
An error was identified in the original calculation of the victim surcharge.