Whitehouse, R. v

Whitehouse, R. v

It would be unjust to give credit for the six months spent on remand prior to the community order against the 12 month sentence imposed after breach, and the sentence was not manifestly excessive.

Source-derived case information.

Parties
Prosecution: Regina; Appellant: Darren Mark Whitehouse
Jurisdiction
England and Wales
Judgment Date
30 July 2010
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal dismissed
Legal Topics
Sentencing, Credit for Time Served, Community Orders, Breach of Community Order
Criminal Law Sentencing Credit for Time Served Community Orders Breach of Community Order

Source-derived case record

Summary, issues, holding and outcome

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Parties

Regina

Prosecution

Darren Mark Whitehouse

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge failed to give proper credit for time spent on remand before a community order was imposed
  2. 2 Whether the sentence imposed was manifestly excessive
  3. 3 Whether credit for time on remand must be given when re-sentencing after breach of a community order

Ratio Decidendi

It would be unjust to give credit for the six months spent on remand prior to the community order against the 12 month sentence imposed after breach, and the sentence was not manifestly excessive.

Court Disposition

appeal dismissed

Orders

  • The appeal against sentence is dismissed.