Gilder, R. v

A Crown Court may impose a driving disqualification as an additional punitive sentence for a non-driving offence under the Powers of Criminal Courts (Sentencing) Act 2000. Where a vehicle is used to commit or facilitate an applicable offence, the power may extend to a defendant who was a passenger rather than the driver. The vehicle’s essential role in carrying away stolen property can justify disqualification. The decision whether to disqualify, and for how long, remains fact-specific. The period must be a proportionate sentencing response to the offender and the circumstances of the offence.

The appellant pleaded guilty at Coventry Crown Court to theft of diesel fuel and handling stolen goods. The theft formed part of a planned operation in which trucks were used to transport containers of stolen diesel from a depot.

The judge imposed concurrent and consecutive custodial terms, made a forfeiture order, and disqualified the appellant from driving for three years. The appellant appealed by leave of the single judge against the disqualification only. He contended that he had been a passenger, not a driver, and that the period was excessive.

1. The appeal was allowed to a limited extent. The three-year driving disqualification was reduced to 18 months.
2. Sections 146 and 147 of the Powers of Criminal Courts (Sentencing) Act 2000 were both capable of applying. As explained in R v Sofekun [2009] 1 Cr App R (S) 78, section 146 provides an additional punitive power of disqualification even where the offence is not driving-related. Section 147 addresses an applicable offence for which a motor vehicle was used to commit or facilitate the offence.
3. The trucks were essential to the theft. They carried the containers used to load the stolen diesel and to drive it away. The appellant’s status as a passenger did not prevent the court from disqualifying him. The sentencing judge was therefore entitled to impose a driving disqualification.
4. However, the duration of disqualification is fact-specific. A three-year period was too long in the circumstances, particularly given the appellant’s age. An 18-month disqualification was the appropriate period.

• Court of Appeal (Criminal Division) Allowed the appeal to the limited extent of reducing the driving disqualification from three years to 18 months: [2011] EWCA Crim 1159.
• Coventry Crown Court Following guilty pleas to theft and handling stolen goods, imposed imprisonment, forfeiture of a van, and a three-year driving disqualification.