Barrett, R v

Credit for time spent on curfew without electronic tagging is not mandated by statute or common law in typical night-time curfew cases; the sentencing judge was correct not to make an allowance.

Parties: Prosecutor: Regina; Appellant: David Barrett
Jurisdiction: England and Wales
Judgment Date: 04 September 2009
Procedural Posture: Criminal Appeal / Judgment
Outcome: appeal dismissed
Legal Topics: Sentencing, Curfew Credit, Burglary

Criminal Law Sentencing Curfew Credit Burglary

Case Brief

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Parties

Regina

Prosecutor

David Barrett

Appellant

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

1 Whether credit should be given for time spent on curfew without electronic tagging under section 240A Criminal Justice Act 2003
2 Whether common law principles allow for sentence reduction due to curfew without tagging

Ratio Decidendi

Credit for time spent on curfew without electronic tagging is not mandated by statute or common law in typical night-time curfew cases; the sentencing judge was correct not to make an allowance.

Court Disposition

appeal dismissed