R v Joshua Gregory
[2024] EWCA Crim 749
R v Harley Whiteman
24 July 2024
[2024] EWCA Crim 949
Court of Appeal
A young man caused a death by dangerous driving while drunk and on drugs. His original prison sentence was too short, so the judge increased it from six and a half years to nine years. He also got a longer driving ban.
Key Facts
- •Harley Whiteman pleaded guilty to causing the death of Kaylan Hippsley by dangerous driving and failing to provide a breath specimen.
- •Whiteman was 20 years old with no prior convictions.
- •The incident involved Whiteman driving under the influence of alcohol and cocaine, at excessive speed, without lights, and with illegally tinted windows.
- •Whiteman's driving resulted in the death of 13-year-old Kaylan Hippsley.
- •After the collision, Whiteman left the scene, denied responsibility, and made callous remarks.
- •The original sentence was six years and nine months' detention in a young offender institution.
Legal Principles
Unduly lenient sentence
Section 36 of the Criminal Justice Act 1988
Sentencing guidelines for causing death by dangerous driving
Sentencing Council guideline
Consideration of age and maturity in sentencing
Sentencing Council guideline
Definition of unduly lenient sentence
Attorney General's Reference No 4 of 1989, [1990] 1 WLR 41
Disqualification from driving
Section 35A of the Road Traffic Offenders Act 1988
Outcomes
The original sentence was deemed unduly lenient.
The Court of Appeal found that the judge should have increased the sentence to reflect the multiple high culpability factors in the dangerous driving, and that mitigation did not outweigh aggravating factors.
The original sentence of six years and nine months was quashed and replaced with a sentence of nine years' detention in a young offender institution.
The Court of Appeal considered that a starting point of 12 years' custody before reduction for plea was appropriate, leading to a final sentence of nine years after the 25% reduction for the guilty plea.
Driving disqualification increased to 11 years.
Consistent with the increased sentence, the extension period of the driving disqualification was increased from three years four months to six years.
A concurrent 12-month driving ban (with a six-year extension) was imposed for failing to provide a specimen.
The original sentence lacked an extension period; this was corrected to align with the revised sentence for causing death by dangerous driving.