Ali, R. v

Ali, R. v

The judge's Goodyear indication created a legitimate expectation that the appellant would not serve more than 30 months for the burglary count, and the additional 6 months from the previous sentence should not have been imposed. The direction that 195 days spent on remand should not count towards sentence was also wrong as the statutory exceptions did not apply.

Parties
Prosecutor: Regina; Appellant: Bodrul Islam Ali
Jurisdiction
England and Wales
Judgment Date
02 September 2008
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Sentencing, Remand Time Credit, Goodyear Indication, Burglary, Drug Offences
Criminal Law Sentencing Remand Time Credit Goodyear Indication Burglary Drug Offences

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Prosecutor

Bodrul Islam Ali

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the judge erred in directing the appellant to serve an additional 6 months from a previous sentence after a Goodyear indication
  2. 2 Whether the judge erred in directing that 195 days spent on remand should not count towards sentence

Ratio Decidendi

The judge's Goodyear indication created a legitimate expectation that the appellant would not serve more than 30 months for the burglary count, and the additional 6 months from the previous sentence should not have been imposed. The direction that 195 days spent on remand should not count towards sentence was also wrong as the statutory exceptions did not apply.

Court Disposition

appeal allowed in part

Orders

  • The additional 6-month custodial term imposed under section 116 of the Powers of Criminal Courts (Sentencing) Act 2000 is quashed.
  • The direction that the 195 days spent on remand should not count towards sentence is quashed.