Melady, R v

Melady, R v

Credit should have been given for the 125 days spent in custody during licence recall, and as the appellant is a short-term prisoner, each day spent in custody equals two days imposed by way of sentence. Therefore, the 125 days is doubled and deducted from the 315-day period, resulting in a sentence of 65 days followed by three years.

Parties
Prosecutor: Regina; Appellant: Delroy Carl Melady
Jurisdiction
England and Wales
Judgment Date
21 April 2004
Procedural Posture
Criminal Appeal / Reference by Criminal Cases Review Commission Under Section 9 Criminal Appeal Act 1995
Outcome
appeal allowed in part
Legal Topics
Licence Revocation, Credit for Time Served, Sentencing Calculation
Criminal Law Sentencing Licence Revocation Credit for Time Served Sentencing Calculation

Case Brief

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Parties

Regina

Prosecutor

Delroy Carl Melady

Appellant

Procedural Posture

Criminal Appeal / Reference by Criminal Cases Review Commission Under Section 9 Criminal Appeal Act 1995

Legal Issues

  1. 1 How should time spent in custody following administrative revocation of licence be treated when sentencing for offences committed during the 'at risk' period of an earlier sentence?
  2. 2 Should credit be given for time served during licence recall when calculating the period to be served under section 116 of the Powers of Criminal Courts (Sentencing) Act 2000?

Ratio Decidendi

Credit should have been given for the 125 days spent in custody during licence recall, and as the appellant is a short-term prisoner, each day spent in custody equals two days imposed by way of sentence. Therefore, the 125 days is doubled and deducted from the 315-day period, resulting in a sentence of 65 days followed by three years.

Court Disposition

appeal allowed in part

Orders

  • The sentence of 315 days is reduced to 65 days, followed by three years' imprisonment.