Pell, R. v

On an appeal against sentence, a severe sentence at the top of the applicable guideline range will not be varied unless it is manifestly excessive. The assessment properly takes account of the seriousness of the driving, its consequences, the offender’s relevant previous convictions, and mitigation such as an early guilty plea, genuine remorse and conduct after the collision. High culpability and a serious record of drink-driving and disqualification offences may justify a sentence at the top end of the range.

The appellant pleaded guilty at Nottingham Crown Court to causing death by careless driving when under the influence of drink. He had driven above the speed limit, without slowing or taking evasive action, and struck an elderly pedestrian who died at the scene.

On 2 July 2009, the judge imposed ten years’ imprisonment, a ten-year driving disqualification and an extended re-test. The judge treated the offence as falling within the highest guideline category, having regard to the appellant’s driving, alcohol level and relevant previous convictions. The appellant appealed against sentence, contending that it was excessive.

1. Appeal dismissed. The court could not conclude that the sentence was manifestly excessive.

2. The sentencing judge was entitled to find very high culpability. The appellant drove materially above the 30-mile-per-hour limit on a wet road, failed to keep a proper lookout and did not slow down or take evasive action despite having the opportunity to avoid the collision. The suggested explanation that sunlight prevented proper observation was rejected on the evidence; in any event, a driver must adjust speed if visibility is impaired.

3. The judge was also entitled to treat the appellant’s relevant record as strongly aggravating. It included previous offences of driving with excess alcohol and driving while disqualified, uninsured and with excess alcohol.

4. The court recognised the mitigating effect of the earliest guilty plea, genuine remorse and the appellant’s call for emergency assistance. However, the strength of the prosecution case justified less than full credit for the plea. Those matters did not make the ten-year sentence, although severe and at the top of the guideline range, manifestly excessive.

• Court of Appeal (Criminal Division): dismissed the appeal against sentence in [2010] EWCA Crim 704.

• Nottingham Crown Court: following the appellant’s guilty plea, imposed ten years’ imprisonment, disqualified him from driving for ten years, and required an extended re-test.