R v Harley Whiteman
[2024] EWCA Crim 949
R v Anton Hull
14 February 2024
[2024] EWCA Crim 195
Court of Appeal
Anton Hull killed someone while drunk driving and making videos on his phone. The judge gave him only six years in prison. The appeals court thought that was too short and increased his sentence to nine years and three months because he was very much at fault and lied to the police.
Key Facts
- •Anton Hull (21) sentenced to six years' imprisonment for causing death by dangerous driving.
- •Hull pleaded guilty.
- •Hull was driving while highly intoxicated (blood alcohol level of 112-157 micrograms/100ml).
- •Hull took three videos of himself driving while intoxicated, posting two to Snapchat.
- •Hull's actions resulted in a head-on collision killing Sarah Baker.
- •Hull received multiple warnings not to drive while intoxicated from friends, family, and pub staff.
- •Hull made a false statement to police claiming Baker was on the wrong side of the road.
Legal Principles
A sentence is unduly lenient if it falls outside the range of sentences a judge could reasonably consider appropriate.
Attorney General's Reference No 4 of 1989 [1990] 1 WLR 41
Sentencing guidelines for causing death by dangerous driving (Sentencing Council Guideline, effective July 1, 2023).
Sentencing Council Guideline
Consideration of culpability factors (deliberate disregard for rules of the road, use of mobile phone, impaired driving, ignoring warnings) in determining sentence.
Sentencing Council Guideline
Assessment of mitigating factors (age, immaturity, remorse, injuries) in sentencing.
Sentencing Council Guideline
Aggravating factor of wrongly placing blame on others.
Sentencing Council Guideline
Outcomes
The original sentence of six years' imprisonment was deemed unduly lenient.
The judge did not adequately account for the aggravating factors (multiple culpability factors, false statement to police) and gave insufficient weight to the seriousness of the offence.
The six-year sentence was quashed.
The Court of Appeal substituted a sentence of nine years and three months' imprisonment.
Driving disqualification increased from nine years to twelve years and two months.
This reflects the increased custodial sentence.