R v Kyle Hodson
[2023] EWCA Crim 1510
R v Imran Malik
31 August 2023
[2023] EWCA Crim 1098
Court of Appeal
A man was given a long prison sentence for causing a death by careless driving. The court decided the sentence was too harsh because the judge didn't properly explain why he gave such a long sentence, so they reduced it. The man still went to prison, but for a shorter time.
Key Facts
- •Imran Malik (aged 29) pleaded guilty to causing death by careless driving.
- •The incident involved a collision between Malik's Range Rover and Leon George Youngsam.
- •The collision occurred on the A457 Spring Hill in Birmingham.
- •Malik was driving at approximately 56 mph in a 30 mph zone.
- •Youngsam was crossing the road between stationary vehicles when he was struck.
- •Expert evidence suggested that even at 30 mph, the collision might have still occurred.
- •Malik initially pleaded not guilty but later changed his plea.
- •Malik's remorse was accepted by the judge.
Legal Principles
Sentencing guidelines must be followed unless contrary to the interests of justice.
Sentencing Council guidelines for offences contrary to section 2B of the Road Traffic Act 1988
Judges must apply guidelines rationally and explain their application clearly.
Sentencing Council guidelines
Aggravating and mitigating factors must be considered when sentencing.
Sentencing Council guidelines
Outcomes
The 27-month sentence was quashed.
The judge's upward departure from the guideline starting point was not adequately explained. The court found that the judge may have double-counted the excessive speed as an aggravating factor.
A new sentence of 17 months' imprisonment was imposed.
This reflects the gravity of the offense, considering all mitigating and aggravating factors, while correcting the error in the initial sentencing.
Driving disqualification reduced from 3 years and 13.5 months to 2 years and 8 months.
To reflect the reduced prison sentence.