Key Facts
- •Appellant (55) sentenced to 2 years' imprisonment for causing serious injury by dangerous driving (s.1A Road Traffic Act 1988).
- •Accident involved appellant's HGV and a Mercedes, resulting in serious injuries to the passenger (Qamar Aslam).
- •Appellant tested positive for cannabis (3.7 micrograms/litre, nearly double the legal limit).
- •Aslam suffered multiple injuries requiring surgery and ongoing treatment; potential PTSD.
- •Appellant pleaded guilty.
Legal Principles
Sentencing guidelines for causing serious injury by dangerous driving, considering culpability (categories A, B, C) and harm (categories 1, 2).
Sentencing guidelines
Criteria for suspending a sentence (factors indicating suspension vs. immediate custody).
Guidelines on Imposition of Community and Custodial Sentences
Outcomes
Appeal against sentence dismissed.
Court agreed with some criticisms of the original sentencing exercise (failure to specify category and misconception regarding suspended sentences) but, after re-evaluating the case, reached the same conclusion: 2 years' imprisonment (immediate custody). Culpability deemed close to Category A due to high cannabis level and dangerous driving. Harm categorized as Category 1 due to serious and long-term injuries to the victim.