Tomasz Burda [2019] EWCA Crim 1888

The appellant pleaded guilty to dangerous driving. He was sentenced to a suspended sentence order and a 3 year disqualification with an extended re-test. The suspended sentence included a curfew requirement for 6 months and unpaid work,

The appellant took issue with the imposition of the curfew and the length of the disqualification.

This was a prolonged and serious incident of dangerous driving involving excessive speeds with the police in pursuit. His conduct appeared to be out of character, and he showed genuine remorse.

He argued the curfew would have a significant impact on his family life as it would prevent him from travelling to Poland to see his son and wider family.

Held: the curfew, in the particular circumstances, and in addition to the near maximum hours of unpaid work was manifestly excessive. The disqualification was considered as protecting the public and also as being punitive. It was the appellant’s first offence, and the disqualification would have a significant impact on his future job prospects. He had already lost his employment due to the interim ban that was imposed. The disqualification was reduced to 2 years.