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Abstract
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Soto and Anor were involved in an application by HM Solicitor General to refer to sentences in R v Soto and R v Waite as unduly lenient. Both cases involved drunk drivers who had been convicted of death by dangerous driving (hereafter DbDD) who were subject to the new Section 86(2) of the Police, Crime, Sentencing and Courts Act 2022 which increased the maximum sentence for that offence from 14 years to life imprisonment. The sentencing council has recently consulted on changing the guidelines to reflect this increase in the maximum tariff but no formal replacement guideline has yet been issued. The question for the court in both cases is to what extent the new maximum sentence (applicable to any offence committed after 28th June 2022) should be reflected in the sentencing of the offenders where the current relevant guideline still states the previous maximum sentence (of 14 years).
Facts of the Cases
R v Soto
Luis Balcazar-Soto (25 years old) was seen by multiple witnesses driving fast and erratically at 4 am in South East London. Sophie Strickland, Jade Redford and Tanvir Ahmed were parked in a Rikshaw on New Kent Road in Elephant and Castle. Jade left the vehicle to visit an ATM machine. Mr Soto crashed into the back of the Rickshaw at speed instantly killing Ms Strickland and causing very serious injury to Mr Ahmed. The Rikshaw was parked in a safe position at the side of the road in which Mr Soto had no reason not to see it as the street lighting was good and the Rikshaw had rear lights on. There was no reason for Mr Soto's car to be impeded by the vehicle instead he swerved into the back of it. There were three occupants in Soto's car, all three attempted to leave the scene of the accident. One was never found the other occupant was Soto's partner who screamed they had to go.
After a short period of shock, Soto regained his composure and attempted to flee the area. He was chased down by two passers-by who held him till the police arrived. Both alleged Mr Soto had said 'let me go or I will fist you up' whilst they tried to detain him, he was also alleged to have offered money for his release.
The female occupant of the car, Kayleigh Avalos, had a protection of harassment order which prohibited contact from Mr Soto that had been imposed a month previously. Mr Soto was also under a 9-month suspended sentence order (to run for two years and imposed only five weeks previously) from which the harassment order arose. On interview, he gave a prepared defence statement and refused to answer any further questions. He denied driving dangerously, said he was not speeding and denied threatening or offering cash to the two people who detained him. On 1 September 2022 at a second hearing, he pleaded guilty to DbDD, causing serious injury by dangerous driving and breach of a restraining order (against his passenger). He had three previous driving convictions for drink driving, no insurance, driving without a licence in which he had been disqualified, and an 8 week suspended sentence for 12 months in 2019 for driving whilst disqualified. A further sentence of a community order was imposed when he was found to driven whilst disqualified again in 2019 (only two months after receiving the suspended sentence order!).
A sentencing note from the CPS noted the increase in maximum sentence as a result of the changing law but made no mention as to how this was to effect the current sentencing guideline. It was stated, and agreed by the defence, that this fell into category one offending (starting point 12 years custody) and that there were significant aggravating factors. The defence submitted no note but asked for an increase in sentence reduction of 25% to reflect the guilty plea at the PTPH...
Keywords: Ethanol impaired driving
Language: en |