Michelle Brown successful in appeal against sentence at the Court of Appeal

Michelle appealed on behalf of a young adult (18 at the time of the index offence, 20 at the time of sentence) against an immediate sentence of detention (10 months) imposed for one charge of causing serious injury by dangerous driving. 

The sole ground of appeal advanced was that the sentence of detention ought to have been suspended and thus by not doing so the sentence was rendered manifestly excessive. 

Michelle argued that the sentencing Judge’s focus on only immediate detention as being appropriate/necessary as a deterrent to other young drivers was wrong and such could be equally achieved, if not more effectively, by way of suspension. 

Such an approach is supported by the September 2024 review on the effectiveness of sentencing (expanding on the 2022 review on the same theme) - see “Reconceptualising the effectiveness of sentencing: four perspectives” - https://lnkd.in/dMYMGZHj

Also note the forthcoming new Imposition of Community and Custodial Sentences Guidance (effective from 1/4/25) which have no doubt been informed by the same research. 

https://lnkd.in/dYFxDFgz

Outcome - Immediate detention in a Young Offenders Institute quashed and replaced with a suspended sentence of detention with UPW. (No change to mandatory 2 year disqualification and extended re-test).

View Michelle's profile here:- https://lnkd.in/dAMwJMcu