Monington, R v, Court of Appeal - Criminal Division, September 05, 2018, [2018] EWCA Crim 2016

Resolution Date:September 05, 2018
Issuing Organization:Criminal Division
Actores:Monington, R v
 
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Neutral Citation Number: [2018] EWCA Crim 2016

Case No: 201801880/A2

IN THE COURT OF APPEAL

CRIMINAL DIVISION

Royal Courts of Justice

Strand

London, WC2A 2LL

Date: Wednesday, 5 September, 2018

B e f o r e:

LORD JUSTICE McCOMBE

MR JUSTICE HOLGATE

MRS JUSTICE O'FARRELL DBE

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R E G I N A

v

NATHAN MONINGTON

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Computer Aided Transcript of the Stenograph Notes of

Epiq Europe Ltd 165 Fleet Street, London EC4A 2DY

Tel No: 020 7404 1400 Email: rcj@epiqglobal.co.uk

(Official Shorthand Writers to the Court)

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Mr J Evans appeared on behalf of the Appellant

Miss C Wilks appeared on behalf of the Crown

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J U D G M E N T

MR JUSTICE HOLGATE: On 16 April 2018 in the Crown Court at Cardiff before His Honour Judge Bidder QC, the appellant pleaded guilty on re-arraignment to causing death by careless driving. There was no basis of plea. He was sentenced to 2 years' imprisonment and disqualified from driving for a total period of 5 years and until he passes an extended retest. He appeals against sentence with the leave of the single judge. Counts relating to causing death by driving whilst uninsured and unlicensed were ordered to lie on the file.

On 21 February 2017 the appellant was driving a Citroen Xsara motorcar. His friends Ryan Thomas and the late Thomas Cody were passengers. Mr Thomas was in the front passenger seat and Mr Cody was in the rear nearside seat. The group were travelling from Cardiff to shop in Llantrisant.

In Creigiau the appellant drove onto the A4119 westbound. The road was a single carriageway with one lane in each direction, separated by white central hazard lines and subject to a 60 mph speed restriction. The road surface was in a good state of repair and free from any relevant defects. The collision took place at about 7.40 pm. It was dark, but the road was illuminated. It had been raining heavily and the road was wet. The appellant drove through a series of sweeping bends before arriving at the bend where the collision took place. He was familiar with the road and knew of these bends. He lost control of the car, which crossed the opposite lane and hit a number of trees on an embankment sloping downwards from the road before coming to a halt.

The appellant and Mr Thomas were able to leave the car, but the rear nearside of the car had...

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