Green, R. v [2006] EWCA Crim 1632 (15 June 2006)

Green, R. v [2006] EWCA Crim 1632 (15 June 2006)

The original sentence did not lawfully or effectively give credit for time spent in custody on remand as intended by the judge; to give effect to that intention and ensure the sentence is lawful, the court substituted a sentence of 12 months' detention with an extended licence period of two years.

Citation
[2006] EWCA Crim 1632
Parties
Applicant: Applicant; Respondent: Crown
Jurisdiction
England and Wales
Judgment Date
15 June 2006
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence and Substantive Appeal
Outcome
appeal allowed
Legal Topics
Robbery, Sentencing, Extended Sentence, Detention and Training Order, Section 91 Powers of Criminal Courts (sentencing) Act 2000, Section 228 Criminal Justice Act 2003, Section 240 Criminal Justice Act 2003, Credit for Time Served on Remand
Criminal Law Robbery Sentencing Extended Sentence Detention and Training Order Section 91 Powers of Criminal Courts (sentencing) Act 2000 Section 228 Criminal Justice Act 2003 Section 240 Criminal Justice Act 2003 +1 more

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Parties

Applicant

Applicant

Crown

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence and Substantive Appeal

Legal Issues

  1. 1 Whether the sentencing judge erred in calculating and applying credit for time spent in custody on remand
  2. 2 Whether the sentence imposed was lawful and gave effect to the judge's intention regarding time served
  3. 3 Whether an extended licence period could be imposed with a Detention and Training Order

Ratio Decidendi

The original sentence did not lawfully or effectively give credit for time spent in custody on remand as intended by the judge; to give effect to that intention and ensure the sentence is lawful, the court substituted a sentence of 12 months' detention with an extended licence period of two years.

Court Disposition

appeal allowed

Orders

  • Original sentence quashed
  • Substituted sentence of 12 months' detention with an extended licence period of two years