Ballard, Russ

Russ Ballard was convicted in May 2002 of manslaughter and received a sentence of 11 years’ detention in a young offenders’ institution.

He also received a disqualification from driving for ten years and a confiscation order for his motor vehicle.

The CCRC received an application for review of Mr Ballard’s sentence in August 2003.

Mr Ballard had been ejected from a nightclub for drunk and disorderly behaviour.

There had been ill feeling between Mr Ballard and another group. As the club closed and people were dispersing, Mr Ballard drove his car dangerously towards members of the public, repeatedly mounting the pavement.

Mr Ballard drove the car towards the rival group which included the victim. The victim was hit by the car and died as a result.

Mr Ballard was convicted of manslaughter having been acquitted of murder and was sentenced to 11 years’ imprisonment.

During review, the CCRC considered that given the basis of the verdict – this was a gross negligence case and not an intent to kill case – regard should have been given to previous gross negligence manslaughter cases involving motor vehicles.

These had not been drawn to the attention of the sentencing judge.

Those authorities made it arguable that the sentence was outside the appropriate sentencing bracket.

The CCRC referred the sentence on June 2004.

The Court of Appeal upheld the sentence in December 2004.