McKenzie, R. v [2011] EWCA Crim 2278 (29 September 2011)

McKenzie, R. v [2011] EWCA Crim 2278 (29 September 2011)

The sentencing judge erred by not deducting remand time from the minimum term; the correct minimum term is four years less 216 days, i.e., three years and 149 days.

Source-derived case information.

Citation
[2011] EWCA Crim 2278
Parties
Prosecution: Regina; Appellant: David McKenzie
Jurisdiction
England and Wales
Judgment Date
29 September 2011
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Sentencing, Imprisonment for Public Protection, Minimum Term Calculation, Remand Credit
Criminal Law Sentencing Imprisonment for Public Protection Minimum Term Calculation Remand Credit

Source-derived case record

Summary, issues, holding and outcome

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Parties

Regina

Prosecution

David McKenzie

Appellant

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

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

Ratio Decidendi

The sentencing judge erred by not deducting remand time from the minimum term; the correct minimum term is four years less 216 days, i.e., three years and 149 days.

Court Disposition

appeal allowed

Orders

  • Minimum term substituted to three years and 149 days.