Palmer, R. v

On a renewed application for leave to appeal sentence, a sentence for dangerous driving will not be treated as manifestly excessive where substantial aggravating features outweigh mitigation. Relevant features may include very high speed, failure to stop for police, the duration of a pursuit, associated alcohol, licence and insurance offences, and relevant previous convictions. Credit for a guilty plea remains due, but does not require a reduction that makes the overall sentence unduly lenient.

The applicant pleaded guilty at Northampton Crown Court to dangerous driving. He also admitted associated matters under section 41 of the Criminal Justice Act 1988, namely driving with excess alcohol, using a vehicle without insurance and driving otherwise than in accordance with a licence.

On 4 January 2011 he received 15 months’ imprisonment for dangerous driving, with a three-year disqualification and an extended retest. He renewed, after refusal by a single judge, his application for leave to appeal sentence. He relied on his guilty plea, the absence of injury or damage, light traffic, and his eventual stopping. The issue was whether the sentence was manifestly excessive.

1. The renewed application for leave to appeal sentence was refused. The court held that it was unarguable that the 15-month sentence was manifestly excessive.
2. Although credit was due for the guilty plea, the sentencing judge was entitled to give substantial weight to the aggravating features. The applicant drove at very high speeds, failed to stop when police activated lights and siren, and continued a pursuit over about eight miles, including on the M1.
3. The associated offending was material sentencing context. He drove with no insurance or licence and with more than twice the legal alcohol limit. His earlier convictions for dangerous driving and excess alcohol, which had also involved a police chase, were relevant aggravation.
4. The absence of injury or damage, the level of traffic, and the fact that he ultimately stopped did not render the sentence excessive when assessed with the aggravating circumstances. The sentence, disqualification and extended retest therefore stood.

• Court of Appeal (Criminal Division): renewed application for leave to appeal sentence refused.
• Northampton Crown Court: following guilty pleas and admissions, imposed 15 months’ imprisonment for dangerous driving, a three-year disqualification and an extended retest.