R v Jean Dias
[2024] EWCA Crim 1350
R v Thomas Davies
12 December 2023
[2023] EWCA Crim 1617
Court of Appeal
A driver seriously hurt a pedestrian while reversing. The first judge gave him too light a punishment, so a higher court gave him an 8-month suspended prison sentence (meaning he won't go to jail unless he breaks the law again) and banned him from driving for a year.
Key Facts
- •Thomas Davies (the offender) pleaded guilty to causing bodily harm by wanton or furious driving, contrary to section 35 of the Offences Against the Person Act 1861.
- •He reversed his van into Mrs. Singh, a woman in her late seventies, causing serious injuries including a fractured pelvis and hip.
- •The incident occurred in the car park of Mrs. Singh's care home.
- •The offender had a previous conviction for drink driving in 2011.
- •The original sentence was a £500 fine and three penalty points on his driving licence.
- •The Attorney General referred the sentence as unduly lenient under section 36 of the Criminal Justice Act 1988.
Legal Principles
Sentencing Council's Definitive Guideline for causing bodily harm by wanton or furious driving.
Sentencing Council's Definitive Guideline
Section 36 of the Criminal Justice Act 1988 allows the Attorney General to refer a sentence deemed unduly lenient.
Criminal Justice Act 1988
Consideration of culpability level in sentencing.
Sentencing Council's Definitive Guideline
Principles of double jeopardy and overcrowding in the prison estate.
R v Ali [2023] EWCA Crim 232
Outcomes
The original sentence was quashed.
The judge failed to apply the relevant Sentencing Council Guideline, resulting in an unduly lenient sentence.
A sentence of 8 months' imprisonment suspended for 12 months was imposed.
This reflects the level of harm caused and culpability, while considering mitigating factors and the principle of double jeopardy.
A 12-month driving disqualification was imposed.
The nature of the offending warranted a disqualification.