Vaughan, R v

Vaughan, R v

The fact that the appellant did not admit guilt until late does not justify withholding credit for time spent in custody on remand; withholding remand credit and reducing plea discount for the same reason is wrong in principle.

Parties
Prosecution: Regina; Appellant: Carl Michael Vaughan
Jurisdiction
England and Wales
Judgment Date
24 June 2008
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Sentencing, Remand Credit, Criminal Justice Act 2003 Section 240
Criminal Law Sentencing Remand Credit Criminal Justice Act 2003 Section 240

Case Brief

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Parties

Regina

Prosecution

Carl Michael Vaughan

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the appellant is entitled to credit for the full period spent in custody on remand prior to pleading guilty under section 240 of the Criminal Justice Act 2003

Ratio Decidendi

The fact that the appellant did not admit guilt until late does not justify withholding credit for time spent in custody on remand; withholding remand credit and reducing plea discount for the same reason is wrong in principle.

Court Disposition

appeal allowed in part

Orders

  • Recorder's section 240 direction quashed
  • Full 207 days served in custody on remand to count towards appellant's sentence