Causing Death by Dangerous Driving – Minimum Sentence Available Achieved

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Causing Death by Dangerous Driving – Minimum Sentence Available Achieved

Background

Hojol Uddin and Jade Halliday-Mitchell were recently instructed in a sensitive case involving the death of an 18-year-old boy.

KS was represented by a different firm of solicitors and a different barrister at Trial. Post-trial, he was convicted by majority. KS was unhappy with his legal team and therefore transferred representation to JMW Solicitors following recommendation, ahead of his sentencing.

How JMW helped

Hojol and Jade immediately turned their expertise to the case, engaging in multiple conferences with KS to understand the nature of his case and the Jury’s finding. Contact was made with the previous representatives to obtain their file, and KS was properly advised on the sentencing guidelines.

From the outset, Hojol and Jade were aware that the prosecution sought to place KS’ case into Culpability B, with a sentencing range of 4-9 years.

After a meticulous review of the evidence, the defence team formed the view that KS’ case should be placed within culpability C, which carries a sentencing range of 2-5 years' custody.

As with all cases, Our Client’s mitigation bundle was prepared, with no stone left unturned. Character statements were obtained, and relevant evidence exhibited. A detailed sentencing note was drafted by Counsel, specifically chosen and instructed by JMW, which amplified KS’ sentencing position.

At Court, troves of family and friends were in attendance for the victim, and the team at JMW ensured KS felt supported and guided throughout, despite the intimidating environment.

Advocating that KS’ case fell within culpability C was a delicate and sensitive task; however, the Sentencing Judge praised the defence approach and ultimately agreed with the detailed submissions.

The outcome

The Sentence handed down was 2 years (to serve 1 year in immediate custody) – the bottom end of the sentencing guidelines for any case involving a tragic death caused by dangerous driving.

The minimum driving disqualification was imposed.

You can read more about the case here: Man sentenced for causing death by dangerous driving | Avon and Somerset Police.

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