R v Kyle Hodson
[2023] EWCA Crim 1510
R v Fahran Nadeem
15 March 2023
[2023] EWCA Crim 408
Court of Appeal
A man got a suspended prison sentence for dangerous driving. The court decided the sentence was too long and made it shorter, but still kept some of the extra conditions because he was still seen as a risk.
Key Facts
- •The appellant pleaded guilty to dangerous driving (Road Traffic Act 1988, section 2).
- •The incident involved racing at high speeds (70-80mph) in a built-up area.
- •The dangerous driving lasted 20-30 seconds.
- •The appellant had no prior convictions.
- •The judge imposed a 21-week suspended sentence for two years, with other requirements.
- •The pre-sentence report indicated low risk of re-conviction and medium risk of serious harm.
Legal Principles
Sentencing Council Guideline on the Imposition of Community and Custodial Sentences
Sentencing Council
Section 288(2) of the Sentencing Act 2020
Sentencing Act 2020
Outcomes
Appeal allowed in part.
The two-year operational period of the suspended sentence was disproportionate to the 21-week custodial sentence and manifestly excessive, despite the ongoing risk posed by the appellant. An 18-month operational period is deemed appropriate.