P, R. v

For causing death by dangerous driving, aggravating features identified in Cooksley include alcohol and drug consumption, greatly excessive speed, driving without a licence or insurance, and attempting to evade police. Their presence may place an offence in the high-culpability range. Following Richardson, the appropriate starting point for that range is four and a half to seven years’ imprisonment.

An appellate court will not interfere merely because a shorter sentence could have been imposed. It must be shown that the sentence was manifestly excessive, having given proper weight to personal mitigation.

The appellant, aged 16 at the time, pleaded guilty at the Crown Court at Reading to causing death by dangerous driving. After consuming alcohol and cannabis, he drove at speed while attempting to evade police. His passenger died from injuries sustained in the collision.

On 10 November 2006, the judge imposed three years and six months’ detention under section 91 of the Powers of Criminal Courts (Sentencing) Act 2000, together with driving disqualification and an extended retest requirement. The appellant appealed against sentence, relying on his age, plea, remorse, personal difficulties and progress in custody.

The central issue was whether the sentence was manifestly excessive.

1. Appeal dismissed. The sentence of three years and six months’ detention was not manifestly excessive.

2. The offence contained several serious aggravating features. The appellant had consumed both alcohol and drugs, knew that he was adversely affected, drove at greatly excessive speed, had neither a licence nor insurance, and drove dangerously to escape police. Applying the non-exhaustive guidance in Cooksley [2004] 1 Cr App R (S) 1, those features placed the offending in the high-culpability range.

3. The court applied Richardson [2006] EWCA Crim 3186, which had reassessed the relevant Cooksley starting points after the maximum penalty increased. The appropriate starting range for high-culpability offending was four and a half to seven years’ imprisonment. The sentencing judge’s implicit starting point of between six and seven years could not be regarded as excessive.

4. The judge had properly allowed for the appellant’s youth, early guilty plea, acceptance of responsibility and genuine remorse, as well as the mitigation arising from his circumstances. His subsequent progress in custody did not show that a shorter sentence was required. The court therefore declined to interfere.

• Court of Appeal (Criminal Division) — by judgment [2007] EWCA Crim 1003, dismissed the appellant’s appeal against sentence.
• Crown Court at Reading — following a guilty plea to causing death by dangerous driving, imposed three years and six months’ detention on 10 November 2006, with driving disqualification and an extended retest requirement.