Adrian Knox-Hooke [2019] EWCA Crim 1348; [2020] R.T.R. 8, CA

The appellant was sentenced to 6 years’ imprisonment following a guilty plea to causing death by dangerous driving.

He had been waiting behind another vehicle at a junction when he started to reverse down the one-way street striking the deceased in the process. He then stopped and drove forward past the deceased lying prone at the side of the road. He later claimed he thought he had hit a bollard but must have realised when he drove forward that he had hit a pedestrian. He did not stop at the scene but drove way, he was then seen a few minutes later on foot at the scene but did not admit his involvement to the police who were, by then, present.

He pleaded guilty at the PTPH and the offence was classified as falling at the upper level of Level 2 of the guideline which has a starting point of 5 years’ custody. The judge took 6 years as her starting point which she increased to 8 years because of the aggravating features of the failure to stop and his conduct in returning to the scene without coming forward. He was given 25% credit for plea resulting in a sentence of 6 years.

Held: the very substantial uplift was not justified and resulted in a sentence that was manifestly excessive. The appropriate increase was one of a year making 6 years before the 25% discount. The sentence was quashed, and a sentence of 4 years and 6 months substituted.