The Persuasive Mitigation of Henry Fernandez Secures Suspended Sentence for Dangerous Driver

The Defendant fell to be sentenced for dangerous driving.

On the day in question, the police spotted the Defendant driving despite being disqualified. However, he refused to stop and drove away at speeds of up to 70mph in a 30mph zone. The manner of his driving was such that the police decided that it was too dangerous for them to pursue him. The Defendant travelled the wrong way around a roundabout and eventually collided with another vehicle. The offence was of the highest culpability and harm in the Sentencing Council Guidelines.

Furthermore, the Defendant had an unattractive record; driving without a licence and over the prescribed alcohol limit in 2020, and convictions for driving whilst disqualified every year thereafter, culminating in a fourteen-month prison sentence in 2023 for dangerous driving.

In mitigation, Henry emphasised the Defendant’s age and immaturity. The Defendant was now in his mid-twenties, and his offending spree began when he was just nineteen. Henry submitted that impulsivity and poor decision-making characterised the Defendant’s driving record, and that the cause of his offending remained unaddressed. Furthermore, Henry emphasised that, despite his record, the Defendant’s impending fatherhood and return to employment now provided motivation for him to address his behaviour.

The Judge imposed a sentence of fourteen months’ imprisonment suspended for eighteen months. He stated that he had been persuaded to give the Defendant one last chance because of his barrister’s economic and persuasive mitigation.

Henry was instructed by Safter Salam of Bradford Law Firm, Lumb & MacGill.