On the 15 Nov 2021 the Appeal Division allowed Mr Patterson’s appeal against his sentence for two charges of driving whilst disqualified (link). The Court took the maximum sentence as two years’ custody when it was only 12 months (para 18(b), Sch.3, Road Traffic Act 1985, link). In England and Wales the starting point was a further 50% lower (6 months) and, as such, their sentencing guidelines were not relevant. The sentence passed for one of the two counts equated to a starting point at the maximum. Therefore, the sentence was manifestly excessive.
