Williams, R. v [2024] EWCA Crim 1244 (03 October 2024)

Williams, R. v [2024] EWCA Crim 1244 (03 October 2024)

It would be disproportionate to resolve the minor dispute over the number of qualifying curfew days; therefore, 143 days should be deducted from the applicant's sentence under section 325 of the Sentencing Act 2020.

Citation
[2024] EWCA Crim 1244
Parties
Applicant: Ashden Williams; Respondent: Rex (The Crown)
Jurisdiction
England and Wales
Judgment Date
03 October 2024
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal allowed in part
Legal Topics
Sentencing, Curfew Credit, Electronic Monitoring, Appeal Procedure
Criminal Law Sentencing Curfew Credit Electronic Monitoring Appeal Procedure

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Parties

Ashden Williams

Applicant

Rex (The Crown)

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether days spent on bail subject to a qualifying curfew without electronic monitoring should be deducted from sentence under section 325 of the Sentencing Act 2020
  2. 2 Whether breaches of curfew conditions preclude deduction of days from sentence

Ratio Decidendi

It would be disproportionate to resolve the minor dispute over the number of qualifying curfew days; therefore, 143 days should be deducted from the applicant's sentence under section 325 of the Sentencing Act 2020.

Court Disposition

Appeal allowed in part

Orders

  • Extension of time to apply for leave to appeal granted
  • Leave to appeal granted