O'Connor, R v

O'Connor, R v

The applicant was not in lawful custody at the time of escape due to an error in release date calculation, making the conviction unsafe. The sentencing order in 2006 was unlawful as the judge had no power to direct the sentence to commence on expiry of another sentence.

Parties
Applicant: Christopher O'Connor; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
17 November 2010
Procedural Posture
Criminal Appeal / Judgment
Outcome
conviction quashed, sentence varied
Legal Topics
Escape From Lawful Custody, Sentencing, Extension of Time, Unsafe Conviction
Criminal Law Escape From Lawful Custody Sentencing Extension of Time Unsafe Conviction

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Parties

Christopher O'Connor

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the applicant was in lawful custody at the time of escape
  2. 2 Whether the conviction for escape from lawful custody is unsafe due to an error in release date calculation
  3. 3 Whether the sentencing order in 2006 was lawful

Ratio Decidendi

The applicant was not in lawful custody at the time of escape due to an error in release date calculation, making the conviction unsafe. The sentencing order in 2006 was unlawful as the judge had no power to direct the sentence to commence on expiry of another sentence.

Court Disposition

conviction quashed, sentence varied

Orders

  • Application for extension of time granted
  • Leave to appeal against conviction granted