R v Tasham Mahmood

On a reference under section 36 of the Criminal Justice Act 1988, a sentence is unduly lenient when it falls outside the range reasonably open to the sentencing judge. Leave is exceptional, but is not confined to borderline cases. The definitive guideline applicable at sentence governs even where the offence predated an increase in the statutory maximum, subject to that maximum. Deliberate, prolonged and persistent dangerous driving, grossly excessive speed, dangerous manoeuvres and repeated disregard for safety justified Category A culpability. Strong mitigation did not reduce the post-trial minimum below eight years. A 20 per cent guilty-plea reduction produced six years and four months. Disqualification was recalculated by adding half the substituted custodial term to the existing discretionary period.

The respondent pleaded guilty to causing death by dangerous driving after driving persistently and dangerously at speeds substantially exceeding the applicable limits, ultimately fatally striking a pedestrian. On 25 April 2025, the Crown Court at Leeds, HHJ Mairs, imposed four years’ imprisonment, together with driving disqualification orders.

The Solicitor General referred the sentence under section 36 of the Criminal Justice Act 1988 as unduly lenient. The issues were whether the case fell within Category A of the applicable sentencing guideline, whether the mitigation and guilty plea justified the sentence imposed, and how any increased custodial sentence affected disqualification.

1. Reference and threshold. The Court granted leave under section 36 of the Criminal Justice Act 1988. The first-instance judge is particularly well placed to assess competing sentencing factors, but a sentence is unduly lenient if it falls outside the range reasonably available. Leave is granted only in exceptional circumstances, not borderline cases, and the provision addresses gross error. Even where undue leniency is established, the Court retains a discretion whether to exercise its powers.
2. Applicable guideline. The definitive guideline for causing death by dangerous driving applied because the respondent was sentenced after 1 July 2023, notwithstanding that the offence preceded the increase in the statutory maximum. It applied subject to the maximum applicable when the offence was committed. The judge’s findings identified Category A features: a deliberate, prolonged and persistent course of dangerous driving, dangerous manoeuvres, grossly excessive speed and repeated disregard for the safety of other road users.
3. Sentence. Category A carried a 12-year starting point and a range of eight to 18 years. Even Category B carried a six-year starting point and a four-to-nine-year range. The four-year sentence could not reasonably be reached. The Court recognised substantial mitigation, including the respondent’s urgent desire to reach his dying brother, bereavements, health difficulties and remorse. Aggravating features included a previous dangerous-driving conviction and an attempt to conceal the dash cam. The minimum sentence after trial was eight years. Applying the accepted 20 per cent guilty-plea reduction, the substituted sentence was six years and four months.
4. Disqualification and final orders. Applying the approach in R v Needham [2016] EWCA Crim 455, the five-year discretionary disqualification remained, but the additional period had to equal half the new 76-month custodial sentence. The total disqualification was therefore eight years and two months. The original sentence was quashed and the substituted sentence and other orders were imposed.

1. Court of Appeal (Criminal Division)—On 18 September 2025, on the Solicitor General’s reference under section 36 of the Criminal Justice Act 1988, leave was granted. The four-year sentence was quashed and six years and four months’ imprisonment substituted, with driving disqualification increased to eight years and two months: [2025] EWCA Crim 1267.
2. Crown Court at Leeds—On 25 April 2025, HHJ Mairs sentenced the respondent to four years’ imprisonment after his guilty plea, with related driving disqualification orders.