Summary
We represented our client charged with death caused by dangerous driving who received a favourable sentence thanks to our team’s strong mitigation. However, the Attorney General appealed against our client’s sentence, arguing that it was unduly lenient. Thanks to our expertise at the Court of Appeal, we were successful in opposing the appeal and the sentence was not increased.
Details of the Case
Our client was involved in a road traffic collision where the victim sustained life threatening injuries, resulting in his death. Our client was charged with causing death by dangerous driving. This is a very serious offence under UK law, where the sentencing guidelines range from 2-18 years’ prison with a potential maximum sentence of life imprisonment.
Managing Partner Nick Titchener represented our client on a privately funded basis. Ahead of our client’s sentencing, Nick prepared extensive mitigation to ensure that our client received the most favourable possible sentence.
Thanks to Nick’s robust mitigation, the judge sentenced our client to 4 years 6 months in prison. Considering that our client was at risk of receiving a far lengthier sentence, this was a fantastic outcome.
Appeal Against Sentencing
Following our client’s sentencing, the Attorney General applied to the Court of Appeal to request that our client’s sentence be extended and lengthened on the basis that the sentence was unduly lenient. Our team strongly opposed this submission.
At the Court of Appeal hearing, barrister Daniel Higgins appeared on behalf of our client, where he argued that the sentence imposed was in fact suitable. He drew attention to the large number of factors present in our client’s case which either reduced the seriousness of the offence or provided personal mitigation.
Daniel submitted that the judge was entitled to impose a sentence lower than the starting point for a category B offence, but still within the category range. Thanks to the strength of the mitigation put forwards, our client’s sentence was not increased and remains very favourable. This case highlights the importance securing expert legal representation as without our team’s expertise, our client’s sentence may have been increased.
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