R v Cunningham

The case of R v Cunningham involved an appeal against the sentence handed down by the lower court. The applicant was sentenced to nine months imprisonment, suspended immediately, for an operational period of two years, and was also disqualified from holding a driver's licence for three years. The applicant had pleaded guilty to various charges, including assault occasioning bodily harm and wilful damage to a motor vehicle. Both counsel for the prosecution and the defence had agreed that the court ought to consider a sentence of six months imprisonment wholly suspended for a period of 12 to 18 months. However, neither side was given an opportunity to be heard as to whether or not a period of disqualification from holding a driver's licence should also be imposed.

The central legal issues were whether the breach of natural justice, which resulted from the court not giving either party an opportunity to be heard on the disqualification period, provided sufficient grounds for the Court of Appeal to exercise its sentencing discretion afresh, and whether the period of disqualification imposed was manifestly excessive in the circumstances. The Court of Appeal had to consider whether the disqualification period should run from the date of conviction or from the date of sentence, and whether the disqualification period was appropriate given the applicant's tendency towards personal violence.

In its reasoning, the Court of Appeal held that the breach of natural justice did provide sufficient grounds for the Court to exercise its sentencing discretion afresh. The Court also found that the period of disqualification was manifestly excessive in the circumstances. The Court of Appeal allowed the appeal and varied the period of disqualification from holding or obtaining a driver's licence to a period of 14 1/2 months from 18 February 2005. The Court also granted the applicant leave to appeal against the sentence and allowed the appeal.