Knox, R v

In sentencing for causing death by dangerous driving, a defendant who contested the charge may lose credit for a guilty plea. However, an inability to accept responsibility in a pre-sentence report shortly after trial should not, without more, substantially diminish otherwise valid mitigation. The court must give proper weight to the offender’s genuine remorse and an impressive previous driving record when fixing both imprisonment and disqualification.

The applicant was convicted at Leicester Crown Court of causing death by dangerous driving after his taxi struck a motorcyclist on the A1. He was travelling at about 88 mph in a 70 mph limit while using a hand-held mobile telephone. The motorcyclist died from the collision and subsequent injuries.

On 12 February 2009, the sentencing judge imposed five years’ imprisonment, disqualified him from driving for seven years, and required an extended re-test. The judge treated his failure to accept responsibility in a pre-sentence report as substantially counteracting mitigation. After the Single Judge refused leave, the applicant renewed his application to appeal against sentence.

1. Appeal allowed. The court granted leave and held that the five-year custodial sentence was too long.

2. The applicant had been entitled to contest the charge. By doing so, he had lost substantial potential credit for a guilty plea. The court nevertheless accepted that the material before the sentencing judge, including the pre-sentence report and character references, showed that he was devastated by the consequences of the offence.

3. It was wrong to treat his inability, only three weeks after the end of the trial, to face up to responsibility for the death as a factor which substantially counteracted the identified mitigation. That error rendered the sentence excessive. The sentence of five years’ imprisonment was quashed and replaced with four years’ imprisonment.

4. The applicant’s previous driving record was particularly impressive. He had driven professionally for years and had no previous driving convictions. The court held that this had not been properly reflected in the seven-year disqualification. It reduced the disqualification to four years, with the requirement to take an extended driving test retained.

• Court of Appeal (Criminal Division): Granted leave to appeal against sentence and allowed the appeal. It substituted four years’ imprisonment and reduced the driving disqualification to four years.

• Crown Court: The applicant was convicted at Leicester Crown Court on 22 January 2009. On 12 February 2009, he was sentenced at Birmingham Crown Court to five years’ imprisonment and seven years’ disqualification, with an extended re-test.