A Reference by His Majesty’s Solicitor General under Section 36 of the Criminal Justice Act 1988: Luis Fernando Balcazar Soto & Anor
[2023] EWCA Crim 55
R v Syed Minhaz Ahmed
27 October 2023
[2023] EWCA Crim 1537
Court of Appeal
A man was given a short prison sentence for killing someone while driving dangerously. A higher court decided the sentence was too light because the judge used the wrong rules, so they gave him a much longer sentence.
Key Facts
- •Syed Ahmed convicted of causing death by dangerous driving on 24 March 2023.
- •Sentence of 4 years' imprisonment and 6-year driving ban imposed on 4 August 2023.
- •The Attorney General referred the sentence as unduly lenient under s.36 Criminal Justice Act 1988.
- •Ahmed was driving at excessive speed (64-73 mph in a 30 mph zone) and collided with a cyclist, Jayden Kristiansen, who died from his injuries.
- •Ahmed left the scene and did not contact police for 33 hours.
- •The sentencing judge applied the 2008 Sentencing Guidelines instead of the new guidelines effective from 1 July 2023.
- •Ahmed had a good character with no previous convictions.
Legal Principles
A sentence is unduly lenient if it falls outside the range a judge could reasonably consider appropriate.
Attorney General’s Reference Number 4 of 1989 [1991] WLR 41
Courts must follow relevant sentencing guidelines unless contrary to the interests of justice.
Sentencing Code 2020, s.59(1)
There is no legitimate expectation to be sentenced under guidelines not in force at the time of sentencing.
Patel & Ors [2021] EWCA Crim 231
Disagreement with the approach of a Sentencing Council Guideline is not grounds for not applying it.
Healey & Ors [2012] EWCA Crim 1005
Outcomes
The Court of Appeal quashed the 4-year sentence and imposed an 8-year sentence.
The judge wrongly applied the outdated 2008 sentencing guidelines instead of the new guidelines effective from 1 July 2023. The new guidelines, when properly applied, indicated a starting point of 12 years for the culpability level of Ahmed's actions, which could be reduced to 8 years considering mitigating factors.