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R v Kyle Hodson

[2023] EWCA Crim 1510
A young man got 12 months in prison for dangerous driving. The Court of Appeal thought that was too long and reduced it to 10 months because the judge hadn't fully considered some good points about his personal life. They also shortened his driving ban a bit. But, they agreed that jail time was needed because his driving was really dangerous.

Key Facts

  • Kyle Hodgson, 23, was sentenced to 12 months' imprisonment for dangerous driving, plus associated offences (driving without insurance/licence, criminal damage, cannabis possession).
  • The dangerous driving involved prolonged, high-speed driving in built-up areas, ignoring police attempts to stop him, mounting pavements, and colliding with a parked car.
  • Hodgson pleaded guilty at the first hearing.
  • He had no prior convictions but had cautions for possessing weapons and cannabis.
  • He cited caring for his partner, children, and mother with mental health issues as mitigating circumstances.
  • The judge classified the dangerous driving as a Category 1A offence.

Legal Principles

Sentencing guidelines for dangerous driving (Category 1A offence).

Sentencing Council guideline

Criteria for suspending a custodial sentence.

Sentencing Council guideline on the Imposition of Community and Custodial Sentences

Outcomes

Appeal allowed; 12-month sentence reduced to 10 months.

The Court of Appeal found the original sentence manifestly excessive. While upholding the Category 1A classification, they reduced the starting point from 18 months to 15 months to account for mitigation not fully considered in the lower court. The resulting sentence post-guilty plea discount is 10 months.

Driving disqualification reduced.

The disqualification period was reduced from 18 months to 17 months to reflect the reduced prison sentence.

Judge's decision not to suspend the sentence upheld.

The Court of Appeal found the judge was entitled to conclude that the dangerous driving was so serious that only immediate custody was justified.

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