Monday, December 17, 2018
Quentin secures reduction in excessive sentence in Court of Appeal ruling
Mr PP appeared before the Southwark Crown Court for sentence having pleaded guilty to a charge of causing serious injury by dangerous driving. PP had been driving his McLaren Supercar at speed in central London when he lost control and his vehicle struck a war veteran who was on the way to attend a ‘Help for Heroes’ Parade. The victim of the offence suffered a number of serious injuries as a result of the accident. The case was covered extensively in the local and national press. Upon sentence PP received a custodial sentence of 20 months for the offence of causing serious injury by dangerous driving.
PP was a businessman who owned and controlled a multi-million-pound company employing 2,500 employees; he was significantly concerned about his business’ ability to cope in his absence and instructed Quentin to launch an appeal on his behalf.
Quentin submitted an appeal to the Court of Appeal (Criminal Division) submitting on PP’s behalf that the sentence passed was manifestly excessive. The basis of the appeal was that the sentencing judge had misapplied the sentencing guidelines, that the judge had wrongly attributed some aggravating features to the case and that the judge had failed to take sufficient account of the appellant’s mitigation and good character. The matter was referred to the full Court of Appeal by the registrar and full oral argument was heard. The hearing resulted in the Court, led by Lord Justice Davis, accepting the submissions that the sentence was manifestly excessive and it was ordered that the period of imprisonment of 20 months be reduced to 12 months. Due to the time served awaiting appeal and the ability of the appellant to be released early on a Home Detention Curfew this meant that PP was released from prison less than a week after the hearing of his appeal and in time to spend Christmas with his family.
If you or a family member have received a period of imprisonment that you feel was excessive gaining the correct legal advice is essential about a potential appeal is essential. Quentin Hunt is a criminal Barrister who is an expert in appeal cases and accepts instructions directly from members of the public. Should you wish to have a no obligation discussion about such a case you may contact Quentin to arrange a telephone consultation.