Haider Mirza [2019] EWCA Crim 1322

The appellant pleaded guilty to causing serious injury by dangerous driving and failing to stop and report an accident, along with document offences. He was sentenced to 40 months’ imprisonment for the driving with 4 months concurrent for failing to stop and report.

The appellant struck the complainant on the bend of a road, he was travelling at 40mph on a 30mph stretch and was almost entirely on the wrong side of the road. The complainant hit the windscreen, but the appellant did not slow or stop and left the scene. The complainant had a skull fracture, multiple rib fractures, a pneumothorax and bruised lung, a fracture of the right shoulder blade and a fractured kneecap. The effect was life changing, he was no longer able to work, had no home and was on benefits.

Held: the offence fell within Level 2 of the guideline and was aggravated by the life-changing nature of the injuries, failure to stop, disposal of evidence and lack of a licence and insurance, and his poor driving record. On the other hand, it was his first custodial sentence and he was only 20. The appropriate sentence after trial was 42 months which would fall to 28 months after discount for plea. This is the sentence that was substituted.