Green, R. v

Green, R. v

The original sentencing order did not properly credit the applicant for time spent in custody on remand, and the statutory framework required a sentence that reflected the judge's intention. The court quashed the original order and substituted a sentence of 12 months' detention with an extended licence period of two years to give effect to the intended credit for remand time.

Parties
Prosecution: Regina; Applicant: John Daniel Green
Jurisdiction
England and Wales
Judgment Date
15 June 2006
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeal allowed
Legal Topics
Robbery, Sentencing, Extended Sentence, Remand Credit
Criminal Law Robbery Sentencing Extended Sentence Remand Credit

Case Brief

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Parties

Regina

Prosecution

John Daniel Green

Applicant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the applicant should receive credit for time spent in custody on remand against his sentence
  2. 2 Whether the judge's original sentencing order gave effect to his intention regarding remand credit
  3. 3 Whether the sentence imposed was lawful under the relevant statutory provisions

Ratio Decidendi

The original sentencing order did not properly credit the applicant for time spent in custody on remand, and the statutory framework required a sentence that reflected the judge's intention. The court quashed the original order and substituted a sentence of 12 months' detention with an extended licence period of two years to give effect to the intended credit for remand time.

Court Disposition

appeal allowed

Orders

  • Original sentencing order quashed
  • Substituted sentence of 12 months' detention with an extended licence period of 2 years