McKenzie, R. v

The sentencing judge erred in law by failing to deduct the remand period from the minimum term; the correct approach is to specify a minimum term reduced by the remand time, as required by statute.

Parties: Prosecutor: Regina; Appellant: David McKenzie
Jurisdiction: England and Wales
Judgment Date: 29 September 2011
Procedural Posture: Criminal Appeal / Judgment on Appeal Against Refusal to Direct Remand Time to Count Towards Minimum Term
Outcome: Appeal allowed
Legal Topics: Sentencing, Imprisonment for Public Protection, Minimum Term Calculation, Remand Time Credit

Criminal Law Sentencing Imprisonment for Public Protection Minimum Term Calculation Remand Time Credit

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2 Amounts and remedies 3

Parties

Regina

Prosecutor

David McKenzie

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Refusal to Direct Remand Time to Count Towards Minimum Term

Legal Issues

1 Whether the sentencing judge erred in refusing to direct that time spent in custody on remand should count towards the minimum term for imprisonment for public protection

Ratio Decidendi

The sentencing judge erred in law by failing to deduct the remand period from the minimum term; the correct approach is to specify a minimum term reduced by the remand time, as required by statute.

Court Disposition

Appeal allowed

Orders

Minimum term substituted to three years and 149 days, reflecting deduction of 216 days remand time