R v Michael Costin

R v Michael Costin

The judge was entitled to refuse further allowance for time spent in custody under the IPP sentence, as the appellant was lawfully detained and any parole delay was a consequence of the new offences. There was no undue delay in proceedings, and the judge properly applied the totality principle. The appeal is dismissed.

Parties
Prosecutor: Rex; Appellant: Michael Costin
Jurisdiction
England and Wales
Judgment Date
06 December 2025
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeal dismissed
Legal Topics
Sexual Offences, Sentencing, Totality Principle, Historic Offences, Imprisonment for Public Protection (ipp), Parole Eligibility, Delay in Proceedings
Criminal Law Sexual Offences Sentencing Totality Principle Historic Offences Imprisonment for Public Protection (ipp) Parole Eligibility Delay in Proceedings

Case Brief

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Parties

Rex

Prosecutor

Michael Costin

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge erred by failing to give sufficient weight to the impact of the appellant's existing IPP sentence on the punitive effect of the new sentence
  2. 2 Whether any further allowance should have been made for time spent in custody under the IPP sentence prior to the new sentence
  3. 3 Whether there was undue delay in bringing the appellant to trial

Ratio Decidendi

The judge was entitled to refuse further allowance for time spent in custody under the IPP sentence, as the appellant was lawfully detained and any parole delay was a consequence of the new offences. There was no undue delay in proceedings, and the judge properly applied the totality principle. The appeal is dismissed.

Court Disposition

appeal dismissed

Orders

  • No further allowance for time spent in custody under IPP sentence
  • Sentence of 15 years and three months' imprisonment stands