R v Harley Whiteman
[2024] EWCA Crim 949
R v Joshua Gregory
21 June 2024
[2024] EWCA Crim 749
Court of Appeal
A man was given a longer jail sentence for causing a fatal accident while drunk driving. The original sentence wasn't long enough, according to a higher court, which increased it. Other related charges were dropped or made irrelevant.
Key Facts
- •Joshua Gregory (28) pleaded guilty to causing death by dangerous driving.
- •He took his employer's vehicle without consent, drove erratically for 10 hours while intoxicated, and evaded police.
- •He struck and killed a pedestrian, Mr. Oshada Jayasundera, while driving at over 80 mph.
- •Gregory fled the scene, was apprehended, and later gave a 'no comment' interview.
- •The original sentence was nine years' imprisonment and a driving ban.
- •Gregory had previous convictions for drug-related driving offences.
Legal Principles
Section 36 of the Criminal Justice Act 1988 allows the Solicitor General to refer sentences deemed unduly lenient to the Court of Appeal.
Criminal Justice Act 1988
Sentencing guidelines for causing death by dangerous driving, considering culpability and aggravating/mitigating factors.
Sentencing Council guideline
Section 35A of the Road Traffic Offenders Act 1988 governs disqualification from driving and extension periods.
Road Traffic Offenders Act 1988
Outcomes
The Court of Appeal increased the sentence from nine years to ten years and ten months' imprisonment.
The original sentence was deemed unduly lenient given the severity of the offence and the multiple aggravating factors. The Court adjusted the starting point and considered mitigation appropriately.
Charges of failing to provide a specimen, failing to stop, and causing death by driving while uninsured were dealt with as follows:
The first two charges were dismissed due to lack of evidence; the third was deemed an alternative charge to causing death by dangerous driving, rendering the associated endorsement on his license void.
The driving ban extension period was increased from six years to 2639 days (seven years and two months).
This reflects the increased sentence length.