R v Goodale

R v Goodale

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 that calculation.

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

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Parties

Regina

Prosecution

Gavin Goodale

Applicant

Procedural Posture

Criminal Appeal / Judgment on 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 credit for guilty plea
  2. 2 Whether the statutory minimum sentence should be disapplied due to disparity with co-defendant's sentence

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 that calculation.

Court Disposition

appeal allowed in part

Orders

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