R v Goodale [2013] EWCA Crim 1144 (13 June 2013)

R v Goodale [2013] EWCA Crim 1144 (13 June 2013)

Where both the minimum sentence and the credit for a guilty plea are fixed by statute, the resulting sentence must be calculated arithmetically, and the defendant is entitled to the precise benefit of the reduction.

Citation
[2013] EWCA Crim 1144
Parties
Prosecution: Regina; Applicant: Gavin Goodale
Jurisdiction
England and Wales
Judgment Date
13 June 2013
Procedural Posture
Criminal Appeal / Application for Permission to Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Sentencing, Controlled Drugs, Statutory Minimum Sentences, Guilty Plea Credit
Criminal Law Sentencing Controlled Drugs Statutory Minimum Sentences Guilty Plea Credit

Case Brief

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Parties

Regina

Prosecution

Gavin Goodale

Applicant

Procedural Posture

Criminal Appeal / Application for Permission to Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge made an arithmetical error in applying the statutory minimum sentence and guilty plea credit
  2. 2 Whether the statutory minimum sentence should be disapplied as unjust in the applicant's circumstances

Ratio Decidendi

Where both the minimum sentence and the credit for a guilty plea are fixed by statute, the resulting sentence must be calculated arithmetically, and the defendant is entitled to the precise benefit of the reduction.

Court Disposition

appeal allowed in part

Orders

  • Sentence of five years and eight months quashed
  • Substituted sentence of five years and 219 days imposed