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Death by Dangerous Driving – New Interim Guideline?: Soto & Anor, Re (Re Section 36 of the Criminal Justice Act 1988) (Rev 1) [2023] EWCA Crim 55

Snow, A (2023) Death by Dangerous Driving – New Interim Guideline?: Soto & Anor, Re (Re Section 36 of the Criminal Justice Act 1988) (Rev 1) [2023] EWCA Crim 55. Journal of Criminal Law. ISSN 0022-0183

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Abstract

Soto and Anor involved an application by HM Solicitor General to refer sentences in R v Soto and R v Waite as unduly lenient. Both cases involved drunk drivers who had been convicted of death by dangerous driving (hereafter DbDD) who were subject to the new Section 86(2) of the Police, Crime, Sentencing and Courts Act 2022 which increased the maximum sentence for that offence from 14 years to life imprisonment. The sentencing council have recently consulted on changing the guidelines to reflect this increase in the maximum tariff but no formal replacement guideline has yet been issued. The question for the court in both cases is to what extent the new maximum sentence (applicable to any offence committed after 28th June 2022) should be reflected in the sentencing of the offenders where the current relevant guideline still states the previous maximum sentence (of 14 years).

Item Type: Article
Additional Information: Snow, A. Death by Dangerous Driving - New Interim Guideline? Journal of Criminal Law Copyright © 2023 The Authors. DOI: 10.1177/00220183231167923 Reuse is restricted to non-commercial and no derivative uses.
Uncontrolled Keywords: 1801 Law
Subjects: K Law > K Law (General)
Divisions: Law
Publisher: Sage
SWORD Depositor: A Symplectic
Date Deposited: 18 Apr 2023 11:39
Last Modified: 18 Apr 2023 11:45
DOI or ID number: 10.1177/00220183231167923
URI: https://researchonline.ljmu.ac.uk/id/eprint/19382
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