IV Ka 963/13 AI generated

Court reduced driver ban from 10 to 6 months due to disproportionate severity and family hardship.

Case Number IV Ka 963/13

Court / Authority Sąd powszechny

Jurisdiction

Poland (PL)

Decision Date 2013-11-21

Outcome Partially Allowed

Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Court of Appeal granted the defendant's appeal regarding the length of the criminal sanction, reducing the driver ban from ten to six months. The defendant argued the original ten-month ban was excessively harsh given his difficult family situation and lack of prior convictions. The court agreed that the original sentence was disproportionately severe and reformed it to six months to better balance the legal goals of punishment with the defendant's personal circumstances.

Legislator headnote

AI generated

Art. 87 § 1 k.w.; Art. 45 ust. 1 pkt 1 PoRD; Art. 119 k.p.o.w; Art. 634 k.p.k.; Art. 624 § 1 k.p.k.: When a criminal sanction is disproportionately severe considering the offender's personal situation and lack of prior record, the appellate court may reform the sentence to ensure proportionality.

Keywords

AI generated

disproportionate criminal sanction driver ban reduction family hardship mitigation reformatory appeal judgment proportionality principle first-time offender status traffic violation penalty

Cited Legislation

AI generated

Art. 87 § 1 k.w.

Art. 45 ust. 1 pkt 1 PoRD

Art. 119 k.p.o.w

Art. 634 k.p.k.

Art. 624 § 1 k.p.k.

art. 119 k.p

art. 624 § 1 k.p.k

Court reduced driver ban from 10 to 6 months due to disproportionate severity and family hardship.

Legislator summary

Legislator headnote

Keywords

Cited Legislation

Need to analyze how this precedent applies to your matter?

Full text