R v Ashden Williams

R v Ashden Williams

It would be disproportionate to resolve the dispute over the small number of days in question; therefore, the applicant is entitled to have 143 days deducted from his sentence under section 325 of the Sentencing Act 2020.

Parties
Applicant: Ashden Williams; Respondent: Rex
Jurisdiction
England and Wales
Judgment Date
18 October 2024
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Sentencing, Curfew Credit, Appeal Against Sentence
Criminal Law Sentencing Curfew Credit Appeal Against Sentence

Case Brief

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Parties

Ashden Williams

Applicant

Rex

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether days spent on qualifying curfew should be deducted from sentence under section 325 of the Sentencing Act 2020
  2. 2 Whether breach of curfew conditions precludes deduction of days
  3. 3 Whether it is disproportionate to resolve factual disputes over a small number of days

Ratio Decidendi

It would be disproportionate to resolve the dispute over the small number of days in question; therefore, the applicant is entitled to have 143 days deducted from his sentence under section 325 of the Sentencing Act 2020.

Court Disposition

appeal allowed in part

Orders

  • Time to apply for leave to appeal is extended.
  • Leave to appeal is granted.