Maughan, R v

The suspended sentence and unpaid work requirement failed to account for the appellant's time spent on remand, and the sentence should have been immediate custody to allow for immediate release.

Parties: Prosecution: Regina; Appellant: Calvin Michael Maughan
Jurisdiction: England and Wales
Judgment Date: 22 February 2011
Procedural Posture: Criminal Appeal / Judgment
Outcome: appeal allowed
Legal Topics: Sentencing, Remand Credit, Suspended Sentence, Unpaid Work Requirement, Racially Aggravated Assault, Affray

Criminal Law Sentencing Remand Credit Suspended Sentence Unpaid Work Requirement Racially Aggravated Assault Affray

Case Brief

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 4

Parties

Regina

Prosecution

Calvin Michael Maughan

Appellant

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

1 Whether the sentencing judge erred by imposing a suspended sentence and unpaid work requirement instead of immediate custody, given the appellant's time spent on remand

Ratio Decidendi

The suspended sentence and unpaid work requirement failed to account for the appellant's time spent on remand, and the sentence should have been immediate custody to allow for immediate release.

Court Disposition

appeal allowed

Orders

Suspended sentence and 150 hours unpaid work quashed.
6 months' immediate custody imposed.