R v Nathan Shultz
[2024] EWCA Crim 368
R v Jack Kenneth Darren Lomas
15 November 2023
[2023] EWCA Crim 1436
Court of Appeal
A man was sentenced to 9 years in prison for causing a fatal car crash while drunk and driving dangerously. He appealed, but the court said the sentence was fair because he was driving really dangerously and caused serious harm. A change in the law about how long he'd actually serve didn't change the decision.
Key Facts
- •Jack Lomas (28) pleaded guilty to causing death by dangerous driving resulting in the death of Mortimus Roy Jones (86) and causing serious injury by dangerous driving to Shannon Ratcliffe.
- •The incident occurred on August 27, 2021, when Lomas, under the influence of alcohol, drove his overloaded BMW at high speed (42-57 mph in a 30 mph zone), swerving and overtaking, ignoring passengers' pleas to slow down.
- •Mr. Jones died seven weeks after the collision due to injuries sustained, and Ms. Ratcliffe suffered serious injuries.
- •Lomas had a blood alcohol level of 55 micrograms (legal limit 35 micrograms).
- •Lomas had previous driving offences.
- •Lomas was sentenced to 9 years' imprisonment for causing death by dangerous driving and a concurrent sentence of 2 years and 8 months for causing serious injury by dangerous driving on June 8, 2023.
Legal Principles
Sentencing guidelines for causing death by dangerous driving, considering culpability and aggravating/mitigating factors.
Sentencing Guideline (specific guideline not explicitly named in the document)
Consecutive sentences should not be imposed for driving offences involving death or injury to more than one victim arising from a single incident.
R v Robert Brown [2018] EWCA Crim 1775
The top of the sentencing range for causing death by dangerous driving is not reserved for completely exceptional cases; serious offences may attract sentences close to the maximum.
R v Robert Brown [2018] EWCA Crim 1775
Outcomes
Appeal against sentence dismissed.
The judge correctly categorized the offence, considered aggravating and mitigating factors, and imposed a sentence within the appropriate range. The change in law regarding release dates is not a relevant factor for sentencing appeals.