Oyefeso, R. v

Oyefeso, R. v

The sentencing judge erred in according no credit for substantial adherence to the requirements of the suspended sentence order; at least 3 months' credit should have been given, and the sentences for dangerous driving and the activated suspended sentence should be imposed consecutively.

Parties
Prosecution: Regina; Appellant: Elijah Oyefeso
Jurisdiction
England and Wales
Judgment Date
19 December 2017
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal allowed in part
Legal Topics
Dangerous Driving, Suspended Sentence Activation, Sentencing Principles, Credit for Compliance With Suspended Sentence Order

Case Brief

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Parties

Regina

Prosecution

Elijah Oyefeso

Appellant

Procedural Posture

Criminal Appeal / Judgment

  1. 1 Whether the sentencing judge erred by failing to give credit for compliance with the requirements of a suspended sentence order
  2. 2 Whether the total sentence imposed was excessive given the appellant's adherence to the suspended sentence order

Ratio Decidendi

The sentencing judge erred in according no credit for substantial adherence to the requirements of the suspended sentence order; at least 3 months' credit should have been given, and the sentences for dangerous driving and the activated suspended sentence should be imposed consecutively.

Court Disposition

appeal allowed in part

Orders

  • Activated suspended sentence reduced by 3 months to 15 months' imprisonment.
  • Dangerous driving sentence of 12 months' imprisonment imposed consecutively.