Maalin, R. v [2024] EWCA Crim 1665 (18 December 2024)

Maalin, R. v [2024] EWCA Crim 1665 (18 December 2024)

The applicant was entitled to have 92 days, not 69, credited towards his sentence for time spent in custody in the Netherlands awaiting extradition, as confirmed by official records. The sentence must be corrected accordingly.

Citation
[2024] EWCA Crim 1665
Parties
Prosecution: Regina; Applicant: Illyaas Maalin
Jurisdiction
England and Wales
Judgment Date
18 December 2024
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed to the extent of correcting remand credit
Legal Topics
Violent Disorder, Manslaughter, Sentencing, Remand Credit, Extradition

Case Brief

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Parties

Regina

Prosecution

Illyaas Maalin

Applicant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

  1. 1 Whether the applicant was entitled to credit for 92 days spent on remand in the Netherlands rather than 69 days as previously recorded under section 327 Sentencing Act 2020.

Ratio Decidendi

The applicant was entitled to have 92 days, not 69, credited towards his sentence for time spent in custody in the Netherlands awaiting extradition, as confirmed by official records. The sentence must be corrected accordingly.

Court Disposition

appeal allowed to the extent of correcting remand credit

Orders

  • Extension of time to appeal granted
  • Leave to appeal against sentence granted