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Appeal on sentence for fatal drunken driving incident dismissed
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Court of Appeal dismisses an application by the Director of Public Prosecutions for a review of a sentence deemed unduly lenient, affirming the original decision of the sentencing judge. The respondent had received a three-year prison sentence, with the final 18 months suspended, for dangerous driving causing death while under the influence of alcohol. The Court of Appeal concluded that the sentence, including the suspension of part of the term and a driving disqualification, fell within the margin of appreciation afforded to the sentencing judge.
Court of Appeal, undue leniency, dangerous driving causing death, drunken driving, sentence review, Criminal Justice Act 1993, Road Traffic Act 1961, Road Traffic (No.2) Act 2011, Road Traffic Act 2010, suspended sentence, driving disqualification, early plea of guilty, mitigation, remorse, DPP v Flynn, DPP v Cambridge, DPP v Nestor, DPP v O’Dwyer, DPP v Welby, DPP v James Doyle, s.2 Criminal Justice Act 1993 review, margin of appreciation.
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