R v Kyle Hodson
[2023] EWCA Crim 1510
R v Dylan John Wood
19 April 2024
[2024] EWCA Crim 472
Court of Appeal
A man was sentenced to 20 months in prison and banned from driving for 18 months. The appeal court reduced his prison time slightly but increased the driving ban because the original sentence was unfair. The court looked at previous crimes and the sentencing guidelines to make a fair decision.
Key Facts
- •Dylan John Wood (appellant) was sentenced to 20 months' imprisonment for driving while disqualified, possessing an offensive weapon, and affray.
- •The appellant had a significant criminal record, including previous convictions for driving while disqualified and violent offences.
- •The Crown Court judge sentenced the appellant to 4 months for driving while disqualified, 16 months for affray (lead offence), and 6 months concurrently for possessing an offensive weapon.
- •The appeal focused on the excessiveness of the 4-month sentence for driving while disqualified.
Legal Principles
Sentencing guidelines for driving while disqualified, considering previous convictions and aggravating factors.
Sentencing Guidelines
Section 35A and 35B of the Road Traffic Offenders Act 1988 regarding disqualification periods for driving offences.
Road Traffic Offenders Act 1988
Section 11(3) of the Criminal Appeal Act 1968 concerning the power of the Court of Appeal to alter sentences.
Criminal Appeal Act 1968
The approach to calculating disqualification periods in cases involving concurrent sentences, as explained in *Needham* [2016] EWCA Crim 455.
Needham [2016] EWCA Crim 455
Outcomes
The Court of Appeal quashed the 4-month sentence for driving while disqualified and substituted it with a 2-month sentence.
The original sentence was deemed excessive given the offence's categorization and the appellant's previous convictions.
The Court of Appeal quashed the 18-month driving disqualification and substituted it with a 24-month disqualification.
This reflected the correct application of the sentencing guidelines and statutory provisions, considering the unexpired portion of the previous disqualification and the custodial sentence.