Piruz, R. v

Piruz, R. v

The minimum term must be calculated by reducing the notional determinate sentence by one-third for guilty plea, then by half for early release provisions, and finally by the period spent on remand; the original calculation by the judge was erroneous in credit for guilty plea and early release provisions.

Parties
Prosecution: Regina; Appellant: Jamshid Piruz
Jurisdiction
England and Wales
Judgment Date
17 August 2017
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal allowed in part
Legal Topics
Sentencing, Minimum Term Calculation, Attempted Grievous Bodily Harm, Affray, Burglary
Criminal Law Sentencing Minimum Term Calculation Attempted Grievous Bodily Harm Affray Burglary

Case Brief

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Parties

Regina

Prosecution

Jamshid Piruz

Appellant

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the minimum term imposed before eligibility for release on licence was correct under sentencing guidelines
  2. 2 Whether the judge erred in applying credit for guilty plea and early release provisions

Ratio Decidendi

The minimum term must be calculated by reducing the notional determinate sentence by one-third for guilty plea, then by half for early release provisions, and finally by the period spent on remand; the original calculation by the judge was erroneous in credit for guilty plea and early release provisions.

Court Disposition

appeal allowed in part

Orders

  • Minimum term for life sentences on counts 5 and 6 reduced from 5 years to 3 years, effective from 13 January 2017.
  • Other sentences remain unchanged.