Chalcraft, R. v

A driving disqualification must be proportionate to the dangerous driving and the offender’s circumstances. A lengthy period may be excessive where the offence is isolated, the sentencing judge gives no reasons for the length selected, and disqualification would materially impair rehabilitation and affect the offender’s family. Exceptionally severe driving may justify a longer period.

The appellant was convicted at Guildford Crown Court of dangerous driving after a road-rage incident on the M25. He stopped his van in the fast lane in front of another vehicle, causing sharp braking and traffic disruption.

He received three months’ imprisonment, a four-year driving disqualification and an extended retest requirement. With leave limited to the disqualification period, he appealed on the basis that the length of the ban was excessive, particularly given its effect on his employment and family circumstances.

1. Appeal allowed to a limited extent. The four-year disqualification was excessive. It was substituted with a disqualification of 18 months.
2. The dangerous driving was serious road rage and fully justified the immediate three-month custodial sentence. The appellant deliberately stopped in front of the other driver while angry, rather than acting as a responsible motorist.
3. In fixing the length of disqualification, the court took account of the principle discussed in Chivers: a period should ordinarily not be so long that it impairs rehabilitation and creates consequential hardship for the offender’s family, save in exceptionally severe cases.
4. The present offence was a serious but isolated episode. There had been no recorded offending since 1987, and the sentencing judge had given no reasons for selecting a four-year ban. The loss of employment and the practical effect on the appellant’s wife were material circumstances.
5. The requirement to pass an extended driving test remained. The appellant could not drive until he had passed it.

• Court of Appeal (Criminal Division): Allowed the appeal against the period of disqualification and substituted 18 months.
• Crown Court at Guildford: Convicted the appellant of dangerous driving after trial and imposed three months’ imprisonment, a four-year disqualification and an extended retest requirement.