Foster, Regina v: CACD 20 May 2009

The applicant challenged a sentence of 18 months imprisonment imposed for causing death by dangerous driving. The accident occurred as he drove his wife home from hospital, they just having learned of her imminent death. He was of previous impeccable character.
Held: ‘this was a case in which the appellant clearly was distracted from attention to his driving for a very short period indeed and, importantly, when his emotions as a result of the hospital visit must have made him susceptible to distraction. Given that, and given the other mitigating features of this case, we consider that it would be appropriate, without disrespecting the jury’s verdict, to take the starting point for sentence to be the 15 months’ custody for the most serious level of careless driving suggested by the note to which we have referred; and moreover we consider it is right to reduce that to 12 months because of the appellant’s good character and other matters of personal mitigation. ‘ The sentence was suspended.
Hallet DBE LJ, Andrew Smith, Slade DBE JJ
[2009] EWCA Crim 1184, [2010] 1 Cr App R (S) 36
England and Wales

Updated: 28 February 2021; Ref: scu.425506