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Success in the Court of Appeal, Criminal Division

News20th August 2024

In July 2024, Gary Rubin, Partner and Lucinda Shand, Senior Associate with Chris Saad of  2 Bedford Row, succeeded in persuading the Court of Appeal to reduce a client’s sentence and gaining the client an immediate release from custody. We acted on a pro-bono basis for the client.

Our client was convicted at Snaresbrook Crown Court of causing serious injury by dangerous driving and on 9th February 2024, he was sentenced by the Recorder to 3 years imprisonment and disqualified from driving for 4 years 6 months.

The grounds of appeal were:

  • The Recorder did not reduce the sentence to reflect the appellants personal mitigation, notwithstanding accepting all the personal mitigation advanced.
  • The Recorder adopted an incorrect factual basis for sentence by disregarding agreed expert evidence.
  • The Recorder took into account conduct that was neither admitted nor proven when considering the appropriate starting point.
  • The Recorder passed a sentence that was manifestly excessive.

The full Court of Appeal, having considered the grounds and the papers allowed the appeal and reduced the sentence as follows;

  • 3 year term reduced to 18 months, suspended for 18 months (to be released immediately).
  • Rehabilitation activity order of 20 days.
  • Driving disqualification reduced from 4 years 4 months to 2 years with extended test.