R v Kyle Hodson
[2023] EWCA Crim 1510
R v John Bates
8 May 2024
[2024] EWCA Crim 684
Court of Appeal
A driver pleaded guilty to causing death and injury by dangerous driving. He appealed his sentence, claiming he should get a bigger discount for pleading guilty early. The court said he didn't plead guilty in the right way so no extra discount, but did find a small mistake in how long his driving ban was, shortening it slightly.
Key Facts
- •Appellant pleaded guilty to causing death and serious injury by dangerous driving.
- •Sentenced to 7 years 1 month (death) and concurrent 27 months (serious injury).
- •9 years 7 months driving ban.
- •Appeal based on insufficient credit for early guilty plea.
- •Plea indicated at Magistrates' Court, but recorded as 'Not guilty or none' on sending sheet.
- •Inconsistencies in how the plea indication was handled at Magistrates' Court.
- •Better Case Management form not properly completed.
- •Indication of guilty plea given privately, not in open court.
- •Solicitor indicated a 'likely' guilty plea, not an unequivocal one.
Legal Principles
To receive full credit for a guilty plea, an unequivocal indication of guilt is required. A 'likely' plea is insufficient.
R v Hodgin [2020] EWCA Crim 1388; R v Plaku [2021] EWCA Crim 568
For indictable-only offences, the indication of a guilty plea must be given publicly at the hearing, not privately.
Criminal Procedure Rules, Rule 9.75
In either-way offences, the defendant must be asked orally at the hearing about their plea. An indication of a guilty plea is treated as a guilty plea at a summary trial.
Magistrates' Courts Act 1980, section 17A(5); Sentencing Act 2020, section 14; R v Dale [2022] EWCA Crim 207
Proper completion of the Better Case Management form is essential to avoid disputes about plea indications.
R v Plaku [2021] EWCA Crim 568
Section 35A of the Road Traffic Offenders Act 1988 requires extension of driving disqualification for custodial sentences, but not rounding up of the disqualification period.
Road Traffic Offenders Act 1988, sections 35A and 35B
Outcomes
Appeal dismissed regarding the credit for the guilty plea.
The indication of a guilty plea was not unequivocal and was given improperly.
Appeal allowed regarding the driving disqualification period.
The judge incorrectly rounded up the disqualification extension.