Attorney General’s Reference (No 70 of 2001) Re; sub nom Regina v Hardy: CACD 2001

The defendant had been involved a prolonged period of high speed and dangerous driving involving unsafe overtaking incidents. He eventually overtook on a blind corner at excessive speed, and collided with an oncoming vehicle, causing the death of its driver. He denied that he had been at fault. He was convicted of causing death by dangerous driving and sentenced to nine months imprisonment, and given a two year disqualification. The Attorney general referred the sentence under section 36 of the 1988 Act.
Held: The reference succeeded. The sentence was increased to 15 months imprisonment and the ban increased to three years. The court took account of the fact that the incident occurred after a series of dangerous manoeuvres at excess speed. Though he was of previous good character, had himself required hospital treatment, and had shown genuine remorse, the original sentence was unduly lenient.

Judges:

Judge J

Citations:

[2001] EWCA Crim 2446

Jurisdiction:

England and Wales

Criminal Sentencing

Updated: 10 May 2022; Ref: scu.254522