R v Nathan Shultz
[2024] EWCA Crim 368
R v Mavis Ansere
29 August 2024
[2024] EWCA Crim 1226
Court of Appeal
A woman was found guilty of dangerous driving after a road-rage incident where she hit a cyclist. She had a similar past offense with a suspended sentence she broke. The court decided jail was the only fair punishment because of how seriously she drove and her past bad behavior, despite her claims of mental health issues and impact on her son. The appeal failed.
Key Facts
- •Appellant pleaded guilty to dangerous driving and cannabis possession.
- •Appellant pursued a motorcyclist after a near-miss, hitting a cyclist causing injury.
- •Appellant continued the pursuit, driving dangerously and aggressively.
- •Appellant had a prior conviction for dangerous driving with a suspended sentence, which she breached.
- •Appellant's account of the prior offense was found to be misleading.
- •Appellant's actions were considered to be using her car as a weapon.
Legal Principles
Sentencing guidelines for dangerous driving.
Sentencing Council's Imposition Guideline
Factors to consider when deciding whether to suspend a sentence.
Sentencing Council's Imposition Guideline
Impact of prison overcrowding.
R v Ali [2023] EWCA Crim 232 and R v Foster [2023] EWCA Crim 1196
Outcomes
Appeal dismissed; nine-month custodial sentence upheld.
Seriousness of the offense, prior conviction and breaches, and lack of genuine remorse.