R v Jason Grainger

R v Jason Grainger

The judge should have deducted the 199 days the appellant spent on remand from the minimum term, resulting in a new minimum term of seven years 166 days.

Parties
Appellant: Jason Grainger; Respondent: Rex
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Criminal Appeal / Appeal Against Sentence Referred by Criminal Cases Review Commission
Outcome
appeal allowed in part
Legal Topics
Sentencing, Life Imprisonment, Credit for Time Served, Remand in Custody
Criminal Law Sentencing Life Imprisonment Credit for Time Served Remand in Custody

Case Brief

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Parties

Jason Grainger

Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence Referred by Criminal Cases Review Commission

Legal Issues

  1. 1 Whether the sentencing judge erred by failing to take into account time spent on remand when specifying the minimum term for a discretionary life sentence.

Ratio Decidendi

The judge should have deducted the 199 days the appellant spent on remand from the minimum term, resulting in a new minimum term of seven years 166 days.

Court Disposition

appeal allowed in part

Orders

  • The sentence of life imprisonment stands unaltered.
  • The minimum term of eight years is quashed and substituted with a minimum term of seven years 166 days.