Carlos Tevez escapes prison

Introduction

We reported before on the circumstances that lead to Carlos Tevez being disqualified from driving and the fact that he had been arrested for driving whilst disqualified less than two months later after his ban.

We have covered the offence of driving while disqualified here.

Well, he went to Court and pleaded guilty and was sentenced on 3rd April to 250 hours ‘Community Service’ (presumably unpaid work on a Community Order). He was also fined £1,000 and banned from driving for a further 6 months. Did he get off lightly? Or did his celebrity status meant that they made an example of him?

 

Sentencing

The Magistrates’ Court Sentencing Guidelines apply – there are three categories depending on how much of the ban has been served:

Whole ban served (failure to apply for a new licence) – starting point after a trial is Low Level Community Order, with a range of a fine to a Medium Community Order

Lengthy period of ban served – High Level Community Order with a range of Medium Community order to 12 weeks imprisonment

Recently imposed ban – 12 weeks prison as a starting point, with a range of a High Community Order up to six months in prison.

Given that he was arrested after serving slightly under one third of the ban, it would seem to fall on the cusp of the lower two brackets. He did plead guilty straight away which entitles him to a discount of a third.

In those circumstances, whilst the Magistrates’ Court could probably have justified a short  prison sentence, it was appropriate to pass a non-custodial sentence as he had never been in trouble before (bar the previous driving ban).

In short, he was sentenced as any ‘normal’ person would have been.

 

Other Matters

The fine is high, but Mr Tevez is not shy of a bob or two so I doubt that there would be any complaints from him on that score. It was completely appropriate as well to give a further ban (although it only increases the overall ban by 2 months).

One puzzle is whether a ‘victim surcharge’ was imposed – it would appear not (see here for some background). Have the Court made a mistake here, or is it bad reporting?

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This entry was posted in In the news on by .

About Dan Bunting

I'm a lawyer who works for myself. Legal geek, maths freak, general dullard and jack of all trades. Here’s a few views on law and occasional musings on life. Usual caveats about not relying on anything I say etc applies.

2 thoughts on “Carlos Tevez escapes prison

  1. Andrew

    Had I been on the Bench (Macclesfield not being in the patch where I sit) I would have given him the unpaid work as a condition of a suspended sentence order, in the hope that he would get it through his immature and arrogant head that being disqualified means what it says and that if he did it again – even a two minute journey – he would be learning about English prison life.

    Any chance he can be made to do his unpaid work on Saturday afternoons starting in September?

    No, i thought not. Pity.

    Reply
  2. Pingback: Carlos Tevez’s Community Order quashed – fine? | UK Criminal Law Blog

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