R v Thomas Davies
[2023] EWCA Crim 1617
R v Jean Dias
22 October 2024
[2024] EWCA Crim 1350
Court of Appeal
A man was jailed for 28 months for a serious car crash caused by driving on the wrong side of the road. He appealed the sentence, arguing it was too harsh. The court decided the sentence was fair given the serious injuries caused and the dangerous driving, despite the man having no previous convictions and showing remorse.
Key Facts
- •Applicant (44-year-old male) appealed a 28-month sentence for causing serious injury by dangerous driving.
- •The incident involved a collision between the applicant's Land Rover and a Ford van on the A21 in Sussex.
- •The collision occurred at 5:10 AM on January 24, 2023, with the applicant driving on the wrong side of the road for a period before the collision.
- •The van driver (Mr. Britt) sustained severe life-changing injuries.
- •The applicant had no prior convictions and a good professional and family life.
- •The judge considered the culpability to be on the cusp of categories A and B in the sentencing guidelines.
- •The applicant argued the judge erred in finding the manoeuvre was 'obviously highly dangerous'.
Legal Principles
Sentencing for causing serious injury by dangerous driving considers culpability, which involves both objective appraisal and assessment of degree.
Sentencing Guidelines
The court must balance the gravity of the offending and aggravating factors (serious injury) with mitigating factors (good character, remorse).
Case law and Sentencing Principles
Section 34A of the Road Traffic Offences Act 1988 applies to extended driving disqualifications.
Road Traffic Offences Act 1988, Section 34A
Outcomes
The appeal against sentence was refused.
The judge's finding of culpability was justified by the evidence, the sentence was within the guideline range, and the judge appropriately considered mitigating factors.
The 28-month sentence and 6-year driving ban were upheld.
The court found the sentence to be appropriate considering the severity of the injuries caused and the applicant's dangerous driving.