Jarvis, R v

Jarvis, R v

Exceptional circumstances existed due to commission of offences while on licence, justifying departure from the usual half-point calculation for the specified period. The judge erred in articulation and calculation, but the life sentence and notional determinate sentence were appropriate. The specified period should be recalculated with a 30% discount from the notional determinate sentence and two-thirds applied, resulting in a reduced specified period.

Parties
Appellant: Mark Jarvis; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
04 July 2006
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal allowed in part
Legal Topics
Sentencing, Life Imprisonment, Discount for Guilty Plea, Specified Period Calculation, Exceptional Circumstances
Criminal Law Sentencing Life Imprisonment Discount for Guilty Plea Specified Period Calculation Exceptional Circumstances

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Parties

Mark Jarvis

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the specified period for life imprisonment was correctly calculated
  2. 2 Whether proper credit was given for the guilty plea
  3. 3 Whether the notional determinate sentence was excessive

Ratio Decidendi

Exceptional circumstances existed due to commission of offences while on licence, justifying departure from the usual half-point calculation for the specified period. The judge erred in articulation and calculation, but the life sentence and notional determinate sentence were appropriate. The specified period should be recalculated with a 30% discount from the notional determinate sentence and two-thirds applied, resulting in a reduced specified period.

Court Disposition

appeal allowed in part

Orders

  • Specified period recalculated to 5 years 11 months and 6 days
  • Life imprisonment and notional determinate sentence of 14 years upheld