Leahy [2018] EWCA Crim 2858

The appellant was sentenced to 28 months’ imprisonment for causing serious injury by dangerous driving, with no separate penalty for driving whilst unfit through drugs, and he was disqualified for 50 months. The appellant overtook a cyclist on a blind bend colliding with a motorcycle travelling in the opposite direction. He denied driving dangerously until a late guilty plea was entered.

The appeal was on the ground that the starting point taken of 3 years was excessive given the nature of the harm caused (displaced fracture of the knee requiring surgery, broken bone in his foot and toe) and the mitigating factors. The Court found some force in the submission and reduced the term of imprisonment from 28 to 19 months. The disqualification was also reduced to 45 ½ months.