R v Kyle Hodson
[2023] EWCA Crim 1510
R v Billy Chamberlain
27 March 2024
[2024] EWCA Crim 476
Court of Appeal
A man was jailed for dangerous driving. His lawyers argued his mental health issues (ASD and ADHD) weren't properly considered by the judge. The appeals court agreed, saying the original sentence was too harsh. He got a community order instead of jail time, and a driving ban.
Key Facts
- •Appellant pleaded guilty to dangerous driving, driving without a license, and driving without insurance.
- •The incident involved a high-speed car chase, running red lights, and a dangerous overtaking maneuver.
- •No injuries or damage resulted from the pursuit.
- •Appellant has a history of convictions, including drug driving and possessing a knife.
- •Appellant was diagnosed with ASD and ADHD, and has a low IQ.
- •The recorder sentenced the appellant to 9 months' imprisonment for dangerous driving and a 3-year, 4-month driving ban.
- •The appellant appealed his sentence.
Legal Principles
Sentencing Council Guideline on Sentencing Offenders with Mental Disorders, Developmental Disorders or Neurological Impairments.
Sentencing Council Guideline
Dangerous Driving Guideline.
Dangerous Driving Guideline
Culpability may be reduced if an offender was suffering from an impairment or disorder at the time of the offence. Culpability is only reduced if there is sufficient connection between the offender's impairment or disorder and the offending behaviour. The sentencer must make their own decision and state clearly their assessment of whether the offender's culpability was reduced, and if so, the reasons for and extent of that reduction.
Sentencing Council Guideline on Sentencing Offenders with Mental Disorders, Developmental Disorders or Neurological Impairments (paragraphs 9, 11, 13, 14)
Outcomes
Appeal allowed. The 9-month custodial sentence and 3-year, 4-month driving ban were quashed.
The recorder failed to consider the Mental Disorder Guideline and did not adequately assess the appellant's culpability in light of his mental impairment. The court found the original sentence manifestly excessive.
Sentence substituted with an 18-month community order, 20-day rehabilitation activity requirement, and a 2-year driving ban with an extended driving test required.
The court deemed the offending to fall into the lower culpability bracket of the Dangerous Driving Guideline, considering the appellant's mental impairment. The new sentence accounted for aggravating factors (prior convictions, driving without a license/insurance) and mitigating factors (delay in court, guilty plea, personal circumstances).