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Bush, R. v

Smart Summary

Factual and Procedural Background

On 18 August 2025 the Appellant pleaded guilty before The City Magistrates' Court and was committed for sentence under s.14 and s.20 of the Sentencing Act 2020 for one count of dangerous driving and multiple associated driving offences (including driving while disqualified, failure to stop after an accident, no third party insurance, invalid test certificate and tyres with insufficient tread). On 22 September 2025 at The City Crown Court the Appellant was sentenced to 16 months' detention in a young offender institution for dangerous driving, with a concurrent two month term for driving while disqualified and no separate penalties for the remaining offences. A previously suspended sentence of 18 weeks (imposed 24 April 2024) was activated in part, reduced to 12 weeks, to run consecutively, producing an overall term described as 19 months' detention. The Appellant was disqualified from driving for 1,366 days and until passing an extended retest.

The facts admitted at sentence were that on 14 June 2025 the Appellant drove at speeds estimated up to 70 mph along a narrow residential road with parked cars, narrowly avoided an oncoming car, subsequently failed to stop for a reversing vehicle, left the road after hitting a rise and collided with a parked car. Passengers, including a five‑year‑old child, complained of injury; one passenger had facial injuries. The Appellant attempted to flee but was arrested. Inspection disclosed bald front tyres.

The Appellant was born 22 July 2004, had multiple previous convictions (five convictions for 13 offences, many driving offences), and the index offending occurred during the operational period of the suspended sentence imposed on 24 April 2024.

Legal Issues Presented

  1. Whether the sentencing judge took too high a starting point within the Category A1 dangerous driving guideline before applying the full credit for the guilty plea entered at the magistrates' court.
  2. Whether the sentencing judge failed to give any downward adjustment to reflect the Appellant's youth, maturity and personal mitigation prior to applying plea credit.

Arguments of the Parties

Appellant's Arguments

  • The Recorder adopted too high a starting point within the Category A1 dangerous driving guideline before applying the full plea discount for the magistrates' court plea.
  • The Recorder failed to make any downward adjustment for the Appellant's relative youth, maturity or significant personal mitigation (remorse, role as primary carer for dependent relatives, difficult background and prospects of work/training), before applying plea credit.

The opinion does not contain a detailed account of opposing party submissions beyond acceptance that immediate custody and part activation of the suspended sentence were appropriate.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The court accepted that the appropriate guideline categorisation was Category A1 (culpability A; harm Category 1). The sentencing judge identified a starting point after trial of 18 months for Category A1 with a sentencing range of one to two years, and indicated that, after accounting for aggravating factors and multiple associated motoring offences, the least sentence after trial would have been two years' detention. The judge explained that the sentence for dangerous driving had been uplifted to reflect the totality of offending and that concurrent or no separate penalties would be imposed for associated offences. The judge applied a one‑third reduction for the guilty pleas entered at the first opportunity, producing a 16 month custodial term, and activated part of the earlier suspended sentence (12 weeks) to run consecutively.

The appellate panel observed that although the Appellant's submissions had force if sentencing were for a single offence, the sentencing judge faced multiple offences and significant aggravating features (repeated driving offending, breach of a suspended sentence, failure to stop and attempted departure from the scene, passengers injured including a child, poor vehicle maintenance). The panel concluded the Recorder's approach—treating the dangerous driving sentence as uplifted to reflect totality, applying plea discount, and partially activating the suspended sentence—contained no error. The panel noted the sentencing judge had totality in mind and had expressly balanced aggravating and mitigating features.

Holding and Implications

APPEAL DISMISSED.

The court upheld the sentence as imposed, finding no error in the Recorder's approach and no manifest excessiveness in the aggregate sentence for the series of offences. The only amendment directed was to the record: the custodial term should be recorded as one of imprisonment rather than detention in a young offender institution. No new legal precedent was established; the decision leaves the original sentencing outcome intact apart from the administrative correction to the sentence description.

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Bush, R. v

Contains public sector information licensed under the Open Justice Licence v1.0.

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Bush, R. v
(Dec 2, 2025)