R v Kyle Hodson
[2023] EWCA Crim 1510
R v Ruben Matthew Marks
20 September 2024
[2024] EWCA Crim 1162
Court of Appeal
The court decided that instead of giving a separate sentence for dangerous driving, the charge should be dropped. This is because the person was found guilty of a more serious crime, and it's wrong to have two convictions for the same act. The driving ban stayed, but the retest was cancelled.
Key Facts
- •Appellant pleaded guilty to causing serious injury by dangerous driving (Road Traffic Act 1988, s1A).
- •Subsequently convicted of causing grievous bodily harm with intent (Offences Against the Person Act 1861, s18).
- •Sentenced to 9 years and 3 months' imprisonment for GBH; no separate penalty for dangerous driving, but driving disqualification and extended retest ordered.
- •Appeal concerned the unlawful element of the sentence (no separate penalty for dangerous driving).
Legal Principles
Where a defendant pleads guilty to a lesser offence and is later convicted of a more serious alternative offence, the proper approach is to order the lesser offence to lie on the file, not impose no separate penalty.
R v Butler [2023] EWCA Crim 676; R v Ismail [2019] EWCA Crim 290
A guilty plea does not amount to a conviction unless and until a sentence is passed.
R v Butler [2023] EWCA Crim 676; R v Ismail [2019] EWCA Crim 290
Imposing no separate penalty creates an additional conviction.
R v Butler [2023] EWCA Crim 676; R v Ismail [2019] EWCA Crim 290
Outcomes
Sentence of no separate penalty for dangerous driving quashed.
Following R v Butler and R v Ismail, the lesser offence (dangerous driving) should lie on the file to avoid a conviction for two alternative offences for the same conduct.
Dangerous driving count ordered to lie on the file.
Correct procedure for alternative offences where a more serious charge is ultimately proven.
Driving disqualification upheld under Sentencing Act 2020, s164.
The disqualification remains valid, but its basis is changed to align with the new disposition of the lesser offence.
Order for extended retest quashed.
This was linked to the dangerous driving conviction which is now on file; thus, it is no longer applicable.