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
Summary, issues, holding and outcome
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Parties
Regina
Prosecution
Elijah Oyefeso
Appellant
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentencing judge erred by failing to give credit for compliance with the requirements of a suspended sentence order
- 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.
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