A DRIVER jailed for four years after causing the death of a teenage passenger in a country road crash has got the go-ahead to challenge his sentence.

David James Fogg (20), of Lowercroft Road, Bury, was sentenced to four years detention at Bolton Crown Court, after being found guilty last October of causing death by dangerous driving.

His teenage passenger, Andrew Whitby, (18), of Skipton Close, Bury, was killed in the crash in October, 2002, in Bradshaw Road, Bolton. London's Criminal Appeal Court on Friday granted Fogg permission to challenge his sentence, but did not set a date for the hearing, which will take place before three judges.

Mr Justice Bell, sitting with Mr Justice Morland, warned Fogg's barrister, Jaime Hamilton, that Fogg should not be "unduly optimistic" about whether the appeal will succeed.

"We stress, we are deciding no more than the matter merits full argument," he said. He added that a hearing would decide whether the public interest was served by a four-year sentence, which made Fogg a "long-term" prisoner who will have to serve two-thirds, rather than half, his sentence before being considered for parole.

Mr Justice Bell noted Fogg's youth, his good work record, his lack of previous driving convictions and the fact he did not have a bad record otherwise. He also said Fogg himself suffered some permanent injury in the fatal accident.