R v Dylan John Wood
[2024] EWCA Crim 472
R v Jamieson Green Marshall
28 July 2023
[2023] EWCA Crim 964
Court of Appeal
A man got a driving ban and another sentence, but the judge made some mistakes in how long they lasted. The Court of Appeal fixed the mistakes: the driving ban got shorter, and the other sentence was changed to something less serious.
Key Facts
- •Appellant (26 years old) sentenced on 16 March 2022 for dangerous driving (pleaded guilty 11 November 2020).
- •Initial sentence included 10-month suspended sentence, 20-day rehabilitation activity, 2-month curfew, 30-month driving ban starting from the date of interim disqualification (11 November 2020).
- •Interim disqualification, imposed under section 26 of the Road Traffic Offenders Act 1988, was incorrectly applied; it should have lasted a maximum of 6 months (section 26(4)).
- •Significant procedural delays due to multiple nullity committals between Magistrates' Court and Crown Court (involving common assault, criminal damage, failure to surrender).
- •Concurrent 7-day suspended sentence for Bail Act offence (section 6(1) of the Bail Act 1976) was also unlawful (minimum 14 days for suspended sentence).
Legal Principles
Maximum duration of interim driving disqualification.
Road Traffic Offenders Act 1988
Automatic reduction of disqualification period by interim disqualification period.
Road Traffic Offenders Act 1988
No power to backdate commencement of driving disqualification.
Case law (implied)
Minimum imprisonment for suspended sentence.
Case law (implied)
Crown Court's power to remit an offender to the Magistrates' Court.
Sentencing Act 2020, section 25A (not in force at the relevant time)
Committal for sentence under Bail Act 1976.
Bail Act 1976
Judicial review process
Courts Act 2003
Outcomes
Appeal allowed; 30-month driving disqualification quashed.
Incorrect application of interim disqualification period.
19 months and 25 days driving disqualification substituted.
To reflect the Recorder's intention.
Unlawful committal for Bail Act offence quashed via judicial review.
Nullity of committal.
6-month conditional discharge imposed for Bail Act offence.
Practical and efficient resolution of unlawful sentence.