{"id":579368,"date":"2026-04-16T19:03:36","date_gmt":"2026-04-16T17:03:36","guid":{"rendered":"https:\/\/kohenavocats.com\/jurisprudences\/r-v-robert-hilary-wade\/"},"modified":"2026-04-16T19:03:36","modified_gmt":"2026-04-16T17:03:36","slug":"r-v-robert-hilary-wade","status":"publish","type":"kji_decision","link":"https:\/\/kohenavocats.com\/ru\/jurisprudences\/r-v-robert-hilary-wade\/","title":{"rendered":"R v Robert Hilary Wade"},"content":{"rendered":"
\n
\n

MRS JUSTICE EADY: Introduction 1. On 6 November 2024 at the Crown Court sitting at Merthyr Tydfil, the appellant pleaded guilty to one offence of causing serious injury by careless driving. On 10\u00a0January 2025 (before the same judge), he was sentenced to 16 weeks\u2019 imprisonment suspended for 12 months with an unpaid work requirement of 80 hours. The appellant was also disqualified from driving for two years and until an extended driving test is passed. With the leave of the Single Judge the appellant now appeals against sentence. The Facts 2. On 18 December 2022, at around 1.00 pm the complainant, Mr\u00a0William Jones, was driving along the B4601 in Dorlangoch, Brecon. This is a single carriageway road with a speed limit of 40 miles per hour. Although it was a rainy and windy day, visibility was good. The appellant was also driving along the same road in the opposite lane when his car swerved into the other lane and collided directly with the complainant\u2019s vehicle. 3. The complainant had no recollection of\u00a0the accident, but the incident was captured on dashcam footage taken by another car that was travelling behind his. Following the collision a number of passersby stopped to provide assistance. The appellant told them he believed he had fallen asleep at the wheel. The complainant, who was 87, suffered injury to the vertebrae in his neck, severe bruising to his chest and back, pain in both legs and a laceration to the left knee. He was in hospital for two months and has been left with a permanent limp. The complainant\u2019s victim personal statements explain the continuing impact of his injuries; previously independent, his life is much changed since the accident. 4. The appellant attended a voluntary interview in\u00a0January 2023. He accepted he had caused the crash and said he believed he fell asleep at the wheel but could not remember the accident. He said he had slept for eight hours that day and was returning home after a church service. He denied failing to get adequate rest. He stated that, following the incident, he went to his GP surgery for tests. Subsequent to the interview, he was diagnosed with moderate Obstructive Sleep Apnoea (\u201cOSA\u201d). Sentence 5. The Judge accepted that the appellant had not been aware he was suffering with OSA prior to the accident and he took into account the appellant\u2019s age (then 75), positive good character, genuine remorse, his immediate acceptance of responsibility and his guilty plea. The Judge also had regard to the pre-sentence report (\u201cPSR\u201d) obtained prior to the sentencing hearing. 6. The Judge considered this was a serious offence falling within category B1 under the relevant guideline, which provides a starting point of 26 weeks\u2019 imprisonment with a range from high-level community order to one year\u2019s imprisonment. Given the gravity of the offence, however, he concluded that only a custodial sentence would be commensurate or appropriate, albeit he considered the operation of the sentence could be suspended and the appellant punished within the community in accordance with the recommendation in the PSR. 7. The Judge thus passed a sentence which reduced the 26-week starting point to 16 weeks\u2019 imprisonment suspended for 12 months, during which period the appellant would be required to undertake 80 hours of unpaid work in the community. In addition, the appellant was disqualified\u00a0from driving for two years and the Judge further imposed a discretionary requirement that the appellant\u2019s disqualification would continue until he passed an extended driving test. The Appeal 8. The appeal is put on two grounds: (1) the appellant\u2019s mitigation justified a lower range in sentence, the community order being appropriate; (2) that the driving ban, longer than the 12 months\u2019 mandatory ban and made subject to the extended driving test, was disproportionate. 9. In giving leave to appeal the Single\u00a0Judge observed that the Judge had not identified any aggravating features in this case, while there was substantial personal mitigation. On the understanding that the Judge allowed full credit for plea, the sentence of 16 weeks indicated a notional sentence following trial of 24 weeks, which would mean a reduction of some two weeks (less than 10 %) was made for mitigation. In the circumstances, not restricting the grounds that might be advanced, he considered it arguable that the sentence imposed was manifestly excessive. Analysis and Conclusions 10. This was a serious offence, which had led the complainant to suffer a permanent injury impacting on his ability to carry out his normal activities. No issue is taken with the categorisation of the offence under the guideline, although the appellant emphasises that the carelessness of his driving was unintentional as he was unaware of his sleep condition prior to the accident. That said, as Mr\u00a0Rees accepted in oral argument, by his plea, the appellant was acknowledging, on an informed basis, that he had been careless and that otherwise this accident could have been avoided. That was the basis on which the Judge had to approach the sentence and, similarly, the basis on which this Court must proceed. 11. By his first ground of appeal the appellant emphasises the factors that weighed in mitigation. He is a man of 75, with no previous convictions and of positive good character. A dual qualified solicitor and barrister, still in practice, he was undertaking public roles as a clerk to three community councils and was active in his church; he had a previous exemplary driving record since 1968, and had shown genuine remorse, immediately accepting fault and pleading guilty to the charge of causing injury by careless driving at the earliest opportunity (albeit he had previously been charged with causing serious injury by dangerous driving and had entered not guilty pleas before the magistrates and at the PTPH). It is the appellant\u2019s concern that the passing of a custodial sentence, even if suspended, would have a detrimental impact on his ability to continue in practice, although Mr\u00a0Rees was uncertain as to whether this would in fact be determinative. 12. These are all strong points in mitigation, but we bear in mind that these were all matters to which the Judge had regard in determining the appropriate sentence in this matter. He had, further, allowed full credit for the appellant\u2019s guilty plea, notwithstanding this had been entered on the morning of trial (which is when the prosecution applied to amend the indictment to include a charge of causing serious injury by careless rather than dangerous driving). Applying the guideline starting point the Judge had considered this mitigation warranted a downward reduction to 24 weeks. That might not have been particularly generous but it does not disclose an error of principle, and the question for this Court is whether this meant that the sentence ultimately imposed was manifestly excessive. Given the seriousness of\u00a0the offence, we are unable to say that it did. 13. By his second ground of appeal, the appellant objects to the discretionary extended period of disqualification and requirement to take an extended driving test, imposed in addition to the mandatory period of disqualification. Mr\u00a0Rees points out that the appellant lives in a remote area and disqualification will have a serious adverse impact on him. We understand those points but, given the facts of the case, and the appellant\u2019s now diagnosed OSA condition, we do not accept that the extended period, or requirement to take an extended driving test, was disproportionate. 14. The appellant\u2019s real complaint, however, is that the Judge was wrong to treat this as an offence that necessarily warranted a custodial sentence. We cannot agree. As the camcorder footage of the incident graphically demonstrated, this was a horrific crash, where the appellant\u2019s car came across the road to hit the complainant\u2019s vehicle head-on. The injuries suffered by the complainant were significant and have had a permanent impact on his quality of life. The Judge had regard to all the matters relied on by the appellant, including the part that his previously undiagnosed OSA might have played (albeit the appellant had not sought to defend the charge of careless driving on this basis). While another Judge might have given greater weight to the personal mitigation, this was ultimately a matter of judgement. More pertinently, we cannot say that the Judge erred in viewing this an offence that crossed the custody threshold and that it was, in all the circumstances, unavoidable that a sentence of imprisonment must be imposed. This is not a case where we can say the sentence imposed was either wrong in principle or manifestly excessive and we therefore dismiss this appeal. Epiq Europe Ltd hereby certify that the above is an accurate and complete record of the proceedings or part thereof. Lower Ground, 46 Chancery Lane, London WC2A 1JE Tel No: 020 7404 1400 Email: rcj@epiqglobal.co.uk<\/p>\n<\/div>\n

\n

Sources officielles :<\/strong> consulter la page source<\/a><\/p>\n

Open Justice Licence (The National Archives).<\/em><\/p>\n<\/div>\n","protected":false},"excerpt":{"rendered":"

MRS JUSTICE EADY: Introduction 1. On 6 November 2024 at the Crown Court sitting at Merthyr Tydfil, the appellant pleaded guilty to one offence of causing serious injury by careless driving. On 10 January 2025 (before the same judge), he was sentenced to 16 weeks\u2019 imprisonment suspended for 12 months with an unpaid work requirement of 80 hours. The appellant…<\/p>\n","protected":false},"featured_media":0,"template":"","meta":{"_crdt_document":""},"kji_country":[7608],"kji_court":[8238],"kji_chamber":[],"kji_year":[8463],"kji_subject":[7612],"kji_keyword":[7633,7635,7621,7925,8348],"kji_language":[7611],"class_list":["post-579368","kji_decision","type-kji_decision","status-publish","hentry","kji_country-royaume-uni","kji_court-court-of-appeal-criminal-division","kji_year-8463","kji_subject-fiscal","kji_keyword-appellant","kji_keyword-driving","kji_keyword-judge","kji_keyword-offence","kji_keyword-sentence","kji_language-anglais"],"yoast_head":"\nR v Robert Hilary Wade - Ma\u00eetre Hassan Kohen, avocat en droit p\u00e9nal \u00e0 Paris<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/kohenavocats.com\/ru\/jurisprudences\/r-v-robert-hilary-wade\/\" \/>\n<meta property=\"og:locale\" content=\"ru_RU\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"R v Robert Hilary Wade\" \/>\n<meta property=\"og:description\" content=\"MRS JUSTICE EADY: Introduction 1. On 6 November 2024 at the Crown Court sitting at Merthyr Tydfil, the appellant pleaded guilty to one offence of causing serious injury by careless driving. On 10 January 2025 (before the same judge), he was sentenced to 16 weeks\u2019 imprisonment suspended for 12 months with an unpaid work requirement of 80 hours. The appellant...\" \/>\n<meta property=\"og:url\" content=\"https:\/\/kohenavocats.com\/ru\/jurisprudences\/r-v-robert-hilary-wade\/\" \/>\n<meta property=\"og:site_name\" content=\"Ma\u00eetre Hassan Kohen, avocat en droit p\u00e9nal \u00e0 Paris\" \/>\n<meta name=\"twitter:card\" content=\"summary_large_image\" \/>\n<meta name=\"twitter:label1\" content=\"\u041f\u0440\u0438\u043c\u0435\u0440\u043d\u043e\u0435 \u0432\u0440\u0435\u043c\u044f \u0434\u043b\u044f \u0447\u0442\u0435\u043d\u0438\u044f\" \/>\n\t<meta name=\"twitter:data1\" content=\"7 \u043c\u0438\u043d\u0443\u0442\" \/>\n<script type=\"application\/ld+json\" class=\"yoast-schema-graph\">{\"@context\":\"https:\\\/\\\/schema.org\",\"@graph\":[{\"@type\":\"WebPage\",\"@id\":\"https:\\\/\\\/kohenavocats.com\\\/ru\\\/jurisprudences\\\/r-v-robert-hilary-wade\\\/\",\"url\":\"https:\\\/\\\/kohenavocats.com\\\/ru\\\/jurisprudences\\\/r-v-robert-hilary-wade\\\/\",\"name\":\"R v Robert Hilary Wade - Ma\u00eetre Hassan Kohen, avocat en droit p\u00e9nal \u00e0 Paris\",\"isPartOf\":{\"@id\":\"https:\\\/\\\/kohenavocats.com\\\/ru\\\/#website\"},\"datePublished\":\"2026-04-16T17:03:36+00:00\",\"breadcrumb\":{\"@id\":\"https:\\\/\\\/kohenavocats.com\\\/ru\\\/jurisprudences\\\/r-v-robert-hilary-wade\\\/#breadcrumb\"},\"inLanguage\":\"ru-RU\",\"potentialAction\":[{\"@type\":\"ReadAction\",\"target\":[\"https:\\\/\\\/kohenavocats.com\\\/ru\\\/jurisprudences\\\/r-v-robert-hilary-wade\\\/\"]}]},{\"@type\":\"BreadcrumbList\",\"@id\":\"https:\\\/\\\/kohenavocats.com\\\/ru\\\/jurisprudences\\\/r-v-robert-hilary-wade\\\/#breadcrumb\",\"itemListElement\":[{\"@type\":\"ListItem\",\"position\":1,\"name\":\"Home\",\"item\":\"https:\\\/\\\/kohenavocats.com\\\/ru\\\/avocats-en-droit-penal-a-paris-conseil-et-defense-strategique\\\/\"},{\"@type\":\"ListItem\",\"position\":2,\"name\":\"Jurisprudences\",\"item\":\"https:\\\/\\\/kohenavocats.com\\\/ru\\\/jurisprudences\\\/\"},{\"@type\":\"ListItem\",\"position\":3,\"name\":\"R v Robert Hilary Wade\"}]},{\"@type\":\"WebSite\",\"@id\":\"https:\\\/\\\/kohenavocats.com\\\/ru\\\/#website\",\"url\":\"https:\\\/\\\/kohenavocats.com\\\/ru\\\/\",\"name\":\"Kohen Avocats\",\"description\":\"Ma\u00eetre Hassan Kohen, avocat p\u00e9naliste \u00e0 Paris, intervient exclusivement en droit p\u00e9nal pour la d\u00e9fense des particuliers, notamment en mati\u00e8re d\u2019accusations de viol. Il assure un accompagnement rigoureux d\u00e8s la garde \u00e0 vue jusqu\u2019\u00e0 la Cour d\u2019assises, veillant au strict respect des garanties proc\u00e9durales.\",\"publisher\":{\"@id\":\"https:\\\/\\\/kohenavocats.com\\\/ru\\\/#organization\"},\"potentialAction\":[{\"@type\":\"SearchAction\",\"target\":{\"@type\":\"EntryPoint\",\"urlTemplate\":\"https:\\\/\\\/kohenavocats.com\\\/ru\\\/?s={search_term_string}\"},\"query-input\":{\"@type\":\"PropertyValueSpecification\",\"valueRequired\":true,\"valueName\":\"search_term_string\"}}],\"inLanguage\":\"ru-RU\"},{\"@type\":\"Organization\",\"@id\":\"https:\\\/\\\/kohenavocats.com\\\/ru\\\/#organization\",\"name\":\"Kohen Avocats\",\"url\":\"https:\\\/\\\/kohenavocats.com\\\/ru\\\/\",\"logo\":{\"@type\":\"ImageObject\",\"inLanguage\":\"ru-RU\",\"@id\":\"https:\\\/\\\/kohenavocats.com\\\/ru\\\/#\\\/schema\\\/logo\\\/image\\\/\",\"url\":\"https:\\\/\\\/kohenavocats.com\\\/wp-content\\\/uploads\\\/2026\\\/01\\\/Logo-2-1.webp\",\"contentUrl\":\"https:\\\/\\\/kohenavocats.com\\\/wp-content\\\/uploads\\\/2026\\\/01\\\/Logo-2-1.webp\",\"width\":2114,\"height\":1253,\"caption\":\"Kohen Avocats\"},\"image\":{\"@id\":\"https:\\\/\\\/kohenavocats.com\\\/ru\\\/#\\\/schema\\\/logo\\\/image\\\/\"}}]}<\/script>\n<!-- \/ Yoast SEO Premium plugin. -->","yoast_head_json":{"title":"R v Robert Hilary Wade - Ma\u00eetre Hassan Kohen, avocat en droit p\u00e9nal \u00e0 Paris","robots":{"index":"index","follow":"follow","max-snippet":"max-snippet:-1","max-image-preview":"max-image-preview:large","max-video-preview":"max-video-preview:-1"},"canonical":"https:\/\/kohenavocats.com\/ru\/jurisprudences\/r-v-robert-hilary-wade\/","og_locale":"ru_RU","og_type":"article","og_title":"R v Robert Hilary Wade","og_description":"MRS JUSTICE EADY: Introduction 1. On 6 November 2024 at the Crown Court sitting at Merthyr Tydfil, the appellant pleaded guilty to one offence of causing serious injury by careless driving. On 10 January 2025 (before the same judge), he was sentenced to 16 weeks\u2019 imprisonment suspended for 12 months with an unpaid work requirement of 80 hours. The appellant...","og_url":"https:\/\/kohenavocats.com\/ru\/jurisprudences\/r-v-robert-hilary-wade\/","og_site_name":"Ma\u00eetre Hassan Kohen, avocat en droit p\u00e9nal \u00e0 Paris","twitter_card":"summary_large_image","twitter_misc":{"\u041f\u0440\u0438\u043c\u0435\u0440\u043d\u043e\u0435 \u0432\u0440\u0435\u043c\u044f \u0434\u043b\u044f \u0447\u0442\u0435\u043d\u0438\u044f":"7 \u043c\u0438\u043d\u0443\u0442"},"schema":{"@context":"https:\/\/schema.org","@graph":[{"@type":"WebPage","@id":"https:\/\/kohenavocats.com\/ru\/jurisprudences\/r-v-robert-hilary-wade\/","url":"https:\/\/kohenavocats.com\/ru\/jurisprudences\/r-v-robert-hilary-wade\/","name":"R v Robert Hilary Wade - Ma\u00eetre Hassan Kohen, avocat en droit p\u00e9nal \u00e0 Paris","isPartOf":{"@id":"https:\/\/kohenavocats.com\/ru\/#website"},"datePublished":"2026-04-16T17:03:36+00:00","breadcrumb":{"@id":"https:\/\/kohenavocats.com\/ru\/jurisprudences\/r-v-robert-hilary-wade\/#breadcrumb"},"inLanguage":"ru-RU","potentialAction":[{"@type":"ReadAction","target":["https:\/\/kohenavocats.com\/ru\/jurisprudences\/r-v-robert-hilary-wade\/"]}]},{"@type":"BreadcrumbList","@id":"https:\/\/kohenavocats.com\/ru\/jurisprudences\/r-v-robert-hilary-wade\/#breadcrumb","itemListElement":[{"@type":"ListItem","position":1,"name":"Home","item":"https:\/\/kohenavocats.com\/ru\/avocats-en-droit-penal-a-paris-conseil-et-defense-strategique\/"},{"@type":"ListItem","position":2,"name":"Jurisprudences","item":"https:\/\/kohenavocats.com\/ru\/jurisprudences\/"},{"@type":"ListItem","position":3,"name":"R v Robert Hilary Wade"}]},{"@type":"WebSite","@id":"https:\/\/kohenavocats.com\/ru\/#website","url":"https:\/\/kohenavocats.com\/ru\/","name":"Kohen Avocats","description":"Ma\u00eetre Hassan Kohen, avocat p\u00e9naliste \u00e0 Paris, intervient exclusivement en droit p\u00e9nal pour la d\u00e9fense des particuliers, notamment en mati\u00e8re d\u2019accusations de viol. Il assure un accompagnement rigoureux d\u00e8s la garde \u00e0 vue jusqu\u2019\u00e0 la Cour d\u2019assises, veillant au strict respect des garanties proc\u00e9durales.","publisher":{"@id":"https:\/\/kohenavocats.com\/ru\/#organization"},"potentialAction":[{"@type":"SearchAction","target":{"@type":"EntryPoint","urlTemplate":"https:\/\/kohenavocats.com\/ru\/?s={search_term_string}"},"query-input":{"@type":"PropertyValueSpecification","valueRequired":true,"valueName":"search_term_string"}}],"inLanguage":"ru-RU"},{"@type":"Organization","@id":"https:\/\/kohenavocats.com\/ru\/#organization","name":"Kohen Avocats","url":"https:\/\/kohenavocats.com\/ru\/","logo":{"@type":"ImageObject","inLanguage":"ru-RU","@id":"https:\/\/kohenavocats.com\/ru\/#\/schema\/logo\/image\/","url":"https:\/\/kohenavocats.com\/wp-content\/uploads\/2026\/01\/Logo-2-1.webp","contentUrl":"https:\/\/kohenavocats.com\/wp-content\/uploads\/2026\/01\/Logo-2-1.webp","width":2114,"height":1253,"caption":"Kohen Avocats"},"image":{"@id":"https:\/\/kohenavocats.com\/ru\/#\/schema\/logo\/image\/"}}]}},"jetpack_likes_enabled":false,"jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/kohenavocats.com\/ru\/wp-json\/wp\/v2\/kji_decision\/579368","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/kohenavocats.com\/ru\/wp-json\/wp\/v2\/kji_decision"}],"about":[{"href":"https:\/\/kohenavocats.com\/ru\/wp-json\/wp\/v2\/types\/kji_decision"}],"wp:attachment":[{"href":"https:\/\/kohenavocats.com\/ru\/wp-json\/wp\/v2\/media?parent=579368"}],"wp:term":[{"taxonomy":"kji_country","embeddable":true,"href":"https:\/\/kohenavocats.com\/ru\/wp-json\/wp\/v2\/kji_country?post=579368"},{"taxonomy":"kji_court","embeddable":true,"href":"https:\/\/kohenavocats.com\/ru\/wp-json\/wp\/v2\/kji_court?post=579368"},{"taxonomy":"kji_chamber","embeddable":true,"href":"https:\/\/kohenavocats.com\/ru\/wp-json\/wp\/v2\/kji_chamber?post=579368"},{"taxonomy":"kji_year","embeddable":true,"href":"https:\/\/kohenavocats.com\/ru\/wp-json\/wp\/v2\/kji_year?post=579368"},{"taxonomy":"kji_subject","embeddable":true,"href":"https:\/\/kohenavocats.com\/ru\/wp-json\/wp\/v2\/kji_subject?post=579368"},{"taxonomy":"kji_keyword","embeddable":true,"href":"https:\/\/kohenavocats.com\/ru\/wp-json\/wp\/v2\/kji_keyword?post=579368"},{"taxonomy":"kji_language","embeddable":true,"href":"https:\/\/kohenavocats.com\/ru\/wp-json\/wp\/v2\/kji_language?post=579368"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}