R v Scott Fitzgerald
[2024] EWCA Crim 414
R v Scott Ashley Freeth
20 December 2023
[2023] EWCA Crim 1754
Court of Appeal
A man was sentenced for causing a fatal car crash due to dangerous driving and trying to cover it up. The court changed a small part of his punishment (the driving ban) because of a calculation mistake, but kept the main part of his sentence because his driving was so dangerous.
Key Facts
- •Scott Ashley Freeth (34) pleaded guilty to causing death by dangerous driving and perverting the course of justice.
- •The incident occurred on June 19, 2021, resulting in the death of David Clegg.
- •Freeth drove dangerously at high speeds, ran red lights, and left the scene after the accident.
- •He attempted to burn the vehicle to obstruct the investigation.
- •Freeth had a history of 30 convictions for 20 offences, including multiple driving offences.
- •The judge sentenced Freeth to nine years and four months imprisonment for causing death by dangerous driving and a concurrent 12-month sentence for perverting the course of justice.
- •A 14-year and 2-month driving ban was imposed (8 years discretionary and 6 years 2 months extension).
Legal Principles
Sentencing for causing death by dangerous driving should be in accordance with the Sentencing Council Guideline, considering culpability and aggravating factors, and not exceeding the statutory maximum.
Sentencing Council Guideline (in force July 1, 2023)
The maximum sentence for causing death by dangerous driving before June 28, 2022, was 14 years' imprisonment.
Road Traffic Offenders Act 1988, s.35A
The argument that the maximum sentence must be reserved for a notional worst-case scenario is rejected.
Brown [2018] EWCA Crim 1774
Outcomes
Appeal allowed in part.
The court corrected the error in the disqualification extension period based on the incorrect assumption of the release date. The original sentence was found to be appropriate given the aggravating factors.