Siobhan Harper [2019] EWCA Crim 833

A guilty plea entered six weeks before trial was afforded 15% credit and a sentence of 20 months’ imprisonment was imposed for an offence of causing serious injury by dangerous driving. Concurrent sentences were imposed for dangerous driving and driving with excess alcohol.

The dangerous driving took place over a period of ten minutes when the appellant was seen to be weaving in and off the road, onto grass verges and off again and swerving around trees. The complainant was 18 and cycling home when he stopped on the cycle path next to the carriageway to send a text message. The car mounted the pavement and collided with him from behind, the appellant opened her car window and laughed at him. She denied being the driver or colliding with the cyclist. The injuries received consisted of broken nasal bones, abrasions and lacerations requiring stitches, and two missing upper teeth and four loose lower teeth required surgery.

The appeal was dismissed, although the judge made no reference to the guidelines in considering whether to suspend the sentence, he clearly had the relevant factors well in mind. Whilst there was strong personal mitigation the key factor was that appropriate punishment could only be achieved by immediate custody.