Sentence for dangerous driving causing serious harm upheld despite prosecution’s claim of undue leniency

The Court of Appeal dismissed an application by the prosecution to review as unduly lenient a sentence imposed by the Circuit Court on a driver who pleaded guilty to dangerous driving causing serious bodily harm to a cyclist. The respondent, who had an extensive history of road traffic offences and was disqualified from driving at the time, received a custodial sentence of 21 months and a five-year driving disqualification. The Court of Appeal found that, while the sentence could be considered lenient given the respondent’s previous convictions and the seriousness of the injuries caused, it did not amount to an undue or substantial departure from appropriate sentencing. The court took into account the early guilty plea, remorse, and positive character references, and was satisfied that the original sentence appropriately reflected the need for deterrence and punishment.