R v Gavin Prodger

When a sentencing guideline places culpability in category A by reference to driving just below the dangerous-driving threshold or an extreme category B factor, the court must assess the standard of driving itself. Several category B factors cannot simply be aggregated to produce category A where neither basis is established. A material factual error in a pre-sentence risk assessment may also undermine a finding of dangerousness and an extended sentence. On resentencing, the court must apply the correct category, weigh aggravating and mitigating features, and give proper credit for a guilty plea.

The appellant pleaded guilty in the Crown Court at Maidstone to two counts of causing death by careless driving while over the prescribed limit for drugs and one count of possessing a Class A drug. The dangerous-driving count was not proceeded with. He was sentenced to concurrent extended sentences of 14 years, comprising 12 years’ custody and two years on extended licence, together with a concurrent 12-month sentence for possession.

With permission from the Single Judge, he challenged the categorisation of culpability, the 12-year starting point and the finding that he was dangerous. The appeal concerned the proper application of the sentencing guideline and whether the evidence supported an extended sentence.

1. Culpability under the guideline. The guideline required a two-stage assessment. The court first had to determine the standard of driving and weigh factors falling under different culpability levels to identify the category which most resembled the case. Factors concerning alcohol or drugs were then to be considered at the second stage when identifying the offence category and starting point.
2. Category A was not established. The sentencing judge correctly identified two category B factors: inappropriate speed and impairment resulting from poor eyesight. However, he made no finding that the standard of driving was just below the dangerous-driving threshold, and neither factor was an extreme example of a category B factor. The agreed evidence showed that the appellant could not have reacted more quickly. His speed, rather than his reaction time, was determinative. In those circumstances, the category B factors could not be aggregated to place the case in category A. Although several factors may in some cases justify movement to a more serious category, that approach was not justified here.
3. The correct category B starting point was nine years, with a range of six to 12 years. The victim’s vulnerability as a child and pedestrian, and the possession of Class A drugs in the car, were aggravating features. The appellant’s lack of previous convictions, mental-health difficulties, suicide attempts and guilty pleas were mitigating features. The aggravating factors outweighed the mitigation, producing a revised starting point of 10 years. Applying 15 per cent credit for the guilty plea resulted in eight years and six months’ imprisonment.
4. Dangerousness. The pre-sentence report contained an important error: it proceeded on the mistaken basis that the appellant had driven while disqualified. That error affected the probation officer’s assessment of the risk of reoffending, notwithstanding the appellant’s otherwise low likelihood of committing a seriously harmful offence within two years. The evidence did not justify a finding of dangerousness. The extended sentences were therefore quashed.
5. The court imposed concurrent sentences of eight years and six months’ imprisonment on counts 2 and 3. The driving disqualification was reduced to 13 years and eight months, including the extension period pursuant to 35A of the Road Traffic Offenders Act 1988 and the requirement to pass an extended test.

1. Court of Appeal (Criminal Division): Appeal allowed; the sentences on counts 2 and 3 were quashed and concurrent sentences of eight years and six months’ imprisonment were imposed: [2025] EWCA Crim 1492.
2. Crown Court at Maidstone: The appellant was sentenced to concurrent extended sentences of 14 years on counts 2 and 3, comprising 12 years’ custody and two years’ extended licence, with a concurrent 12-month sentence on count 4.