R v Andrew William John Vowles

On an appeal against sentence, the appellate court will not interfere unless the sentence is manifestly excessive. Level 1 culpability for causing death by dangerous driving may be established by a prolonged, persistent and deliberate course of very bad driving alone. Drug consumption that was not needed to place the offence in level 1 may still be treated as a separate aggravating factor, provided it is not double counted. A breach of a recently imposed suspended sentence may also aggravate the principal offence where the activated sentence is ordered to run concurrently. The aggravating features must be reflected consistently with totality.

Following a guilty plea, the Crown Court at Cardiff sentenced the appellant on 16 February 2022 to seven years and six months’ imprisonment for causing death by dangerous driving, contrary to section 1 of the Road Traffic Act 1988. The appellant was also disqualified from driving and was resentenced for breaching a recently imposed suspended sentence, with that sentence ordered to run concurrently.

The sentencing judge treated the offence as level 1 culpability, increased the eight-year starting point to ten years for aggravating features, and applied a 25 per cent guilty plea reduction. The appellant argued that cocaine use had been double counted and that the resulting sentence was manifestly excessive.

1. Appeal dismissed. The sentence of seven years and six months’ imprisonment could not be described as manifestly excessive and there was no basis for appellate interference.
2. The driving displayed a flagrant disregard for the rules of the road. The appellant drove at more than 60 mph on a 40 mph slip road, ignored a red traffic light, failed to negotiate a bend and drove in heavy rain. The guideline’s reference to a prolonged, persistent and deliberate course of very bad driving, alternatively substantial alcohol or drug consumption leading to gross impairment, meant that the driving alone placed the offence in level 1. The sentencing judge therefore did not double count cocaine use in determining culpability.
3. The breach of the suspended sentence order, imposed only one month earlier, was a significant aggravating factor. Because the activated sentence was ordered to run concurrently, the proper way to reflect it consistently with totality was to increase the sentence for the more serious offence.
4. The cocaine evidence was a separate significant aggravating factor. The concentration was more than five times the legal limit. It was therefore permissible to increase the sentence above the level 1 starting point to reflect the drug use, even though the driving itself was sufficient to establish level 1 culpability.
5. The sentencing judge had considered the relevant circumstances, explained the increases applied, and correctly allowed the accepted 25 per cent reduction for the guilty plea. The sentence could not be faulted.

• Court of Appeal (Criminal Division). On 16 September 2022, in [2022] EWCA Crim 1263, the court dismissed the appeal against sentence.
• Crown Court at Cardiff. On 16 February 2022, HHJ Richard Williams sentenced the appellant to seven years and six months’ imprisonment, imposed driving disqualification orders and activated a suspended sentence to run concurrently.