Hill, R. v

Hill, R. v

The original sentence failed to account for remand time and compliance with the supervision requirement. The court quashed the original sentence, activated 8 months of the suspended sentence, ordered 4 months for later offences to run consecutively, and credited 100 days remand time.

Parties
Applicant: David Hill; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
21 November 2007
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Sentencing, Suspended Sentence Activation, Remand Time Credit, Driving With Excess Alcohol, Assaulting Police Officer
Criminal Law Sentencing Suspended Sentence Activation Remand Time Credit Driving With Excess Alcohol Assaulting Police Officer

Case Brief

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Parties

David Hill

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the total sentence imposed was wrong in principle and manifestly excessive
  2. 2 Whether remand time should be credited towards the activated suspended sentence
  3. 3 Whether compliance with the supervision requirement should reduce the activated suspended sentence

Ratio Decidendi

The original sentence failed to account for remand time and compliance with the supervision requirement. The court quashed the original sentence, activated 8 months of the suspended sentence, ordered 4 months for later offences to run consecutively, and credited 100 days remand time.

Court Disposition

appeal allowed in part

Orders

  • original sentence quashed
  • 8 months of suspended sentence activated