McElwee
The sentencing judge erred by not accounting for time spent in custody following licence revocation; the correct calculation requires reducing the remaining sentence by twice the days spent in custody, adjusted for additional days added due to breach of licence and bail conditions.
- Parties
- Prosecution: Regina; Appellant: Mark McElwee
- Jurisdiction
- England and Wales
- Judgment Date
- 18 April 2007
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal allowed in part
- Legal Topics
- Sentencing, Licence Revocation, Burglary, Handling Stolen Goods
Case Brief
Summary, issues, holding and outcome
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Parties
Regina
Prosecution
Mark McElwee
Appellant
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentencing judge failed to account for time spent in custody following licence revocation when imposing the remaining sentence for the original offences.
Ratio Decidendi
The sentencing judge erred by not accounting for time spent in custody following licence revocation; the correct calculation requires reducing the remaining sentence by twice the days spent in custody, adjusted for additional days added due to breach of licence and bail conditions.
Court Disposition
appeal allowed in part
Orders
- Order under section 116 varied: appellant to serve 117 days before consecutive sentences for new burglaries.
Full Case Text
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