crown court

Crown Court sentencing mistakes

In R. v Kent 77 Cr.App.R 120, the Court of Appeal gave the following examples of the Crown Court passing illegal sentences:

(a) ordering consecutive periods of disqualification.

(b) disqualifying and ordering penalty points to be endorsed.

(c) endorsing the incorrect number of penalty points.

(d) disqualifying for repeated offences without allocating the disqualification to a single offence.

(e) endorsing penalty points for multiple offences committed on the same occasion.

(f) failing to disqualify a 'totter' where there were no mitigating circumstances.

(g) failing to state special reasons or mitigating circumstances when not ordering disqualification or endorsement.

Comment

Kent is an old case and dealt with the Road Traffic Act 1972 - which has since been repealed. However, the Road Traffic Act 1988 is very similar to the 1972 Act, and many of its provisions are near identical. I often read newspaper reports of Crown Court judges disqualifying a driver and also endorsing the offender's licence; see (b) above. Advocates should be aware of the common sentencing mistakes listed above and correct the sentencing judge if necessary. If the mistake is realised soon afterwards then the 'slip rule' is preferable to an appeal hearing - where counsel may have to explain his silence at the sentencing hearing!

References

Archbold at 32-233 in the 2015 Edition.

R. v Usaceva [2015] EWCA Crim 166.

 

Teesside Crown Court

Teesside Crown Court

Russell Street
Middlesbrough
Cleveland
TS1 2AE

Email: enquiries@teesside.crowncourt.gsi.gov.uk

Phone: 01642 343 042

Daily listing: here

Xhibit: here

PARKING

Middlesbrough Leisure Park (TS1 2DY) is a short walk from the court building.

REPRESENTATION

There are still some situations in which you will need to instruct a solicitor as well as a barrister, but for the vast majority of motoring cases the public access scheme allows you to go directly to an expert barrister for advice and representation.

If you need representation at Teesside Crown Court then please call Andrew Thompson on 0113 4677946 or 0207 7887993.

CASES UNDERTAKEN

  • Trial
  • Committal for sentence
  • Appeal against conviction
  • Appeal against sentence
  • Application to remove driving disqualification
  • Death by dangerous driving
  • Death by careless driving
  • Dangerous driving
  • Motoring offences

Bradford Crown Court

Bradford Law Courts
Exchange Square
Drake Street
Bradford
West Yorkshire
BD1 1JA

Email: listing@bradford.crowncourt.gsi.gov.uk

Phone: 01274 840 274

Daily listing: here

Xhibit: here

PARKING

The Crown court car park is adjacent to the court building (car park address: BD1 1JA)

REPRESENTATION

There are still some situations in which you will need to instruct a solicitor as well as a barrister, but for the vast majority of motoring cases the public access scheme allows you to go directly to an expert barrister for advice and representation.

If you need representation at Bradford Crown Court then please call Andrew Thompson on 0113 4677946 or 0207 7887993.

CASES UNDERTAKEN

  • Trial
  • Committal for sentence
  • Appeal against conviction
  • Appeal against sentence
  • Application to remove driving disqualification
  • Death by dangerous driving
  • Death by careless driving
  • Dangerous driving
  • Motoring offences