R v Omar Choudhury
[2024] EWCA Crim 1130
R v Kenneth Smith
8 September 2023
[2023] EWCA Crim 1097
Court of Appeal
A man was jailed for causing a fatal accident by speeding. He sped up right after passing a speed camera. The court said the sentence was fair, even though the man was sorry and it affected his family and job. There was a small mistake about how long his driving ban should be, but the court couldn't fix it.
Key Facts
- •Kenneth Smith was sentenced to 44 months' imprisonment for causing death by dangerous driving.
- •The offence involved driving at 81mph in a 40mph zone, accelerating after passing a speed camera, resulting in a collision that killed Derek Harmer.
- •Smith initially gave a false account to the police, blaming the victim.
- •He pleaded guilty but offered a basis of plea suggesting contributory negligence by the victim, which was rejected.
- •Smith had no prior convictions but had a speeding endorsement on his license in 2021.
- •The judge considered Smith's remorse, the impact on his family and mental health, and a delay in proceedings.
- •The judge considered the deliberate speeding after the speed camera an aggravating factor, leading to a higher sentence.
Legal Principles
Sentencing guidelines for causing death by dangerous driving.
Offence-specific sentencing guideline, level 2 (starting point 5 years, range 4-7 years)
Consideration of aggravating and mitigating factors in sentencing.
General Guideline: Over-arching Principles
Procedure for calculating driving disqualifications under the Road Traffic Offenders Act 1988.
Road Traffic Offenders Act 1988, section 26(12)
Outcomes
The appeal against sentence was dismissed.
The court upheld the judge's decision, finding that the deliberate speeding after the speed camera was an aggravating factor justifying a higher sentence. The judge appropriately considered mitigating factors.
Error identified in the calculation of driving disqualification.
The judge incorrectly deducted the interim disqualification period. Section 26(12) of the Road Traffic Offenders Act 1988 requires administrative deduction of interim disqualification periods; this should not be done by the sentencing judge.