A man was convicted of dangerous driving causing death and given a 10-year sentence. The court said he couldn't appeal the conviction, but he *can* appeal the length of his sentence because there's a reasonable argument the judge used the wrong reasons to decide on it. The court will hold another hearing to decide the sentence appeal.
Key Facts
- •Nathan Schultz was convicted of causing death by dangerous driving.
- •He received a 10-year prison sentence.
- •Schultz renewed his application for leave to appeal against both conviction and sentence.
- •The appeal against conviction was dismissed.
- •The court granted permission to appeal against sentence.
- •The sentencing judge's reference to "a flagrant disregard for the rules of the road" based on factors outside the driving at the time of the accident was a point of contention.
- •The court adjourned the hearing to allow the CPS to instruct an advocate and the victim's family to attend.
Legal Principles
Criminal Procedure Directions 2023, paragraph 10.2.7 directs the court to consider adjourning the hearing where, in a case involving a fatality, leave is granted to appeal against sentence.
Criminal Procedure Directions 2023
Outcomes
Appeal against conviction dismissed.
Reasons given in an ex tempore judgment not repeated in this judgment.
Permission granted to appeal against sentence.
Submissions are reasonably arguable.
Hearing adjourned.
To allow the CPS to instruct an advocate and the victim's family to attend.
Representation order granted for junior counsel.
To assist in the appeal against sentence.