In this episode of the Criminal Law update, we delve into the implications of the Court of Appeal's ruling in the case of R v Martin Asolo-Ogugua [2025] EWCA Crim 1183. The decision highlights the intricacies of handling unduly lenient sentence references under section 36 of the Criminal Justice Act 1988. This case serves as a pivotal reminder of the importance of proper categorisation under offence-specific guidelines, particularly regarding culpability levels in serious driving offences. We explore how the court navigated aggravating factors—such as the vulnerability of the victim—and mitigating considerations, including the offender's demonstrated remorse and the impact of their background. The analysis reveals a structured approach to sentencing that rebuts the assumption that simple arithmetic can suffice in such complex cases, emphasising that each factor must be weighed within the established framework. Throughout the discussion, we underscore the foundational themes of criminal law practice while examining the nuances in the court's reasoning.

R v Martin Asolo-Ogugua [2025] EWCA Crim 1183