R v Stevenson

The applicant in this case, Mr Stevenson, sought to appeal against the sentence imposed upon him for dangerous operation of a motor vehicle causing grievous bodily harm. The primary issue before the court was whether the disqualification from holding or obtaining a driver's licence, which was part of the sentence, was manifestly excessive. Mr Stevenson argued that the four-year disqualification was excessive given his reliance on driving for income and the need to support his family.

The court considered the nature of the offence, Mr Stevenson's culpability, and the impact of the sentence on his ability to earn a living. The court also noted that the disqualification would have continued to run even if Mr Stevenson had not appealed against his conviction and was serving his sentence in jail. The court concluded that the original four-year disqualification was manifestly excessive and substituted it with a two-year disqualification, starting from the date of the original sentence.

The appeal against the conviction was dismissed, but the appeal against the sentence was allowed. The court ordered that Mr Stevenson be disqualified from holding or obtaining a driver's licence for two years from 29 October 2015, with the portion of the disqualification that had not expired when the appeal against conviction was lodged to take effect from 27 November 2015. The remainder of the original sentence was confirmed. The judges agreed with the proposed orders.