Healy, R v

Healy, R v

The judge erred by not deducting the doubled period of 81 days served after licence revocation from the maximum period under section 116, resulting in an incorrect order of 537 days instead of 375 days.

Source-derived case information.

Parties
Appellant: Francis John Healy; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
29 July 2004
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal allowed in part
Legal Topics
Sentencing, Handling Stolen Goods, Breach of Licence, Time Served Allowance
Criminal Law Sentencing Handling Stolen Goods Breach of Licence Time Served Allowance

Source-derived case record

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 4
Sign in to unlock

Parties

Francis John Healy

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the sentencing judge failed to account for 81 days served after licence revocation
  2. 2 Proper calculation of time to be served under section 116 of the Powers of Criminal Courts (Sentencing) Act 2000

Ratio Decidendi

The judge erred by not deducting the doubled period of 81 days served after licence revocation from the maximum period under section 116, resulting in an incorrect order of 537 days instead of 375 days.

Court Disposition

appeal allowed in part

Orders

  • The period of 375 days is substituted for the 537 days imposed under section 116.
  • The appeal is allowed to that extent.