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R v Owen Liscombe

12 May 2023
[2023] EWCA Crim 535
Court of Appeal
A young man was in a serious car crash caused by speeding and dangerous driving. He went to prison and was banned from driving for six years. The judge decided that was too long, so it was reduced to four years.

Key Facts

  • On 24th February 2020, the appellant was involved in a head-on collision while racing at high speed (approximately 99 mph then 82 mph at impact).
  • The collision caused serious injuries to the victim, Mr. Peter Gatehouse, requiring multiple surgeries and extensive rehabilitation.
  • The appellant's vehicle had been modified to increase its power and speed.
  • The appellant pleaded guilty to causing serious injury by dangerous driving.
  • The appellant was sentenced to two years' imprisonment and disqualified from driving for six years (five years discretionary, one year extension).
  • The appellant appealed against the length of the driving disqualification.

Legal Principles

In assessing the appropriate period of disqualification for dangerous driving, the court must consider the risk represented by the offender, the purpose of disqualification (public protection, deterrence, and prevention), and the offender's prospects for rehabilitation. The disqualification should not be disproportionately long.

R v Morrison [2022] 1 Cr App R(S) 20

Outcomes

The Court of Appeal reduced the disqualification period from six years to four years.

The original disqualification was considered manifestly excessive given the appellant's age, remorse, demonstrated maturity, good prospects for rehabilitation, and the significant impact of a six-year disqualification on his livelihood. The court balanced public protection, punishment, deterrence, and rehabilitation.

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