R v Lauder
| Jurisdiction | England & Wales |
| Judgment Date | 05 November 1998 |
| Date | 05 November 1998 |
| Court | Court of Appeal (Criminal Division) |
Court of Appeal
Criminal sentencing - dangerous driving - order for extended driving test mandatory
It was a mandatory requirement, under section 36 of the Road Traffic Offenders Act 1988, as substituted by section 32 of the Road Traffic Act 1991, that an offender convicted of manslaughter by using a motor vehicle, causing death by dangerous driving or dangerous driving, be ordered to take an extended driving test.
The Court of Appeal (Lord Justice Rose, Mr Justice Scott Baker and Mr Justice Hughes) so stated on October 27 when refusing an application by Marcel O'Neill Lauder for leave to appeal against a total sentence of eight years imprisonment imposed by Judge Burke, QC, on May 14, 1998 at Manchester Crown Court, following pleas of guilty to offences of supplying heroin and cocaine, dangerous driving and driving while disqualified.
MR JUSTICE HUGHES said that section 36 of the 1988 Act, as substituted, was a provision little known and often overlooked. It was overlooked in this case. However, the order to take an extended driving test could not be added now because it would result in a sentence more severe than...
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