R v Scott Ashley Freeth
[2023] EWCA Crim 1754
R v Scott Fitzgerald
16 April 2024
[2024] EWCA Crim 414
Court of Appeal
A man was sentenced for killing two people while driving dangerously. The government thought the sentence was too light, but the appeals court disagreed, saying the judge had made a fair decision considering all the facts.
Key Facts
- •Scott Fitzgerald caused the deaths of two men, Shane Fitzgerald and Daniel Witheridge, through dangerous driving.
- •Fitzgerald pleaded guilty to causing death by dangerous driving (two counts), assault on an emergency worker, and failing to provide a specimen for analysis.
- •He was sentenced to nine years and nine months' imprisonment, with a concurrent one-month sentence for assaulting an emergency worker, and a 14-year and two-month driving ban.
- •The incident involved excessive speeding (up to 83 mph in a 30 mph zone) and dangerous driving maneuvers.
- •Fitzgerald had 31 previous convictions, including five for dangerous driving.
- •The victims were Fitzgerald's brother and close friend.
- •The Attorney General referred the sentence to the Court of Appeal under section 36 of the Criminal Justice Act 1988, arguing it was unduly lenient.
Legal Principles
A sentence is only unduly lenient if it falls outside the range of sentences a judge could reasonably consider appropriate.
Attorney General's Reference (R v Azad) [2021] EWCA Crim 1846
The Court of Appeal has discretion whether to increase a sentence even if it's deemed unduly lenient; its role isn't simply to re-sentence.
Attorney General's Reference (No 4 of 1989) (1990) 90 Cr App R 366
Section 36 of the Criminal Justice Act 1988 is for cases where judges make 'gross error'.
Attorney General's Reference (R v Azad) [2021] EWCA Crim 1846
Outcomes
The Court of Appeal refused the application for leave to refer the sentence.
While the sentence was considered lenient, it wasn't unduly lenient in the legal sense. The judge considered all relevant factors, including aggravating and mitigating circumstances, and his decision was within the reasonable range.