Caselaw Digest
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R v Omar Choudhury

4 July 2024
[2024] EWCA Crim 1130
Court of Appeal
A man was sentenced to 14 years in prison for causing a fatal accident by driving dangerously. He was speeding and driving recklessly, even after being warned about police in the area. The judge considered everything and the appeals court agreed the sentence was fair, even though the dangerous driving started because of an argument with another driver. The man's history of dangerous driving played a big role in the sentence.

Key Facts

  • Omar Choudhury (22) convicted of causing death by dangerous driving of Alisha Goup (16).
  • Sentenced to 14 years' imprisonment and disqualified from driving for 14 years and 4 months.
  • Incident stemmed from animosity between Choudhury and co-accused Hamidur Rahman.
  • Choudhury was driving a modified BMW at excessive speeds, ignoring warnings about police presence.
  • Choudhury's dangerous driving, including overtaking on the wrong side of the road, caused a collision resulting in Goup's death.
  • Choudhury's phone contained videos of him driving at extremely high speeds on previous occasions.
  • Choudhury claimed duress, which the jury rejected.
  • Judge considered Choudhury's age, lack of remorse and previous bad driving behaviour when sentencing.

Legal Principles

Sentencing guidelines for causing death by dangerous driving.

Sentencing Guidelines

Section 35A of the Road Traffic Offenders Act 1988 (disqualification from driving).

Road Traffic Offenders Act 1988

Outcomes

Appeal against sentence refused.

The court found the judge's application of the sentencing guidelines to be unfaultable, considering all relevant factors, including the seriousness of the offence, the applicant's dangerous driving history and the limited weight of mitigating factors.

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