Samuel Crutchley [2019] EWCA Crim 1726

The appellant pleaded guilty to causing death by dangerous driving and was sentenced to 7 years and 6 months’ imprisonment. He was disqualified from driving for 117 months with an extended re-test.

The appellant drove some friends, including the deceased, to a pub. The group went on to a nightclub, and the appellant had consumed alcohol. His car had a slow puncture, and it appeared that he used a pump to try to inflate it in the early hours of the morning in question.

As the appellant drove the group home he was said to be “messing about”, he drove over the speed limit and lost control of the car, going off the road and rolling. The deceased was ejected out of the rear window.

The appellant was twice over the alcohol limit and also over the limit for cocaine. His car was examined, one rear tyre was severely deflated, and the other had insufficient tread.

On appeal, it was submitted that the judge misapplied the guideline by impermissibly concluding that the appellant was grossly impaired at the time of driving.

Held: this was a bad case of causing death by dangerous driving. The judge was entirely justified in concluding, for the reasons he gave, that this was a case of great seriousness and one requiring a substantial sentence after trial.

The appeal was dismissed.