R v Mavis Ansere
[2024] EWCA Crim 1226
R v Anthony John Campbell
17 October 2024
[2024] EWCA Crim 1336
Court of Appeal
A truck driver caused a serious accident while high on cannabis. He got 2 years in jail. The appeal court reviewed the case and agreed that jail time was right, even though the original judge made some mistakes in how he explained his decision. The driver's high cannabis level, dangerous driving, and the victim's severe injuries were key reasons for the jail sentence.
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.