Timlinl, R. v [2007] EWCA Crim 3217 (11 December 2007)

Timlinl, R. v [2007] EWCA Crim 3217 (11 December 2007)

The judge was not entitled to exclude the whole period of remand from the minimum term, as the notified minimum term had been calculated from the date of remand, and increasing the term would contravene statutory provisions and fairness to the appellant.

Citation
[2007] EWCA Crim 3217
Parties
Appellant: Patrick Timlin; Respondent: Regina (The Crown)
Jurisdiction
England and Wales
Judgment Date
11 December 2007
Procedural Posture
Criminal Appeal / Court of Appeal Judgment
Outcome
appeal allowed
Legal Topics
Minimum Term Calculation, Life Imprisonment, Remand Time Credit, Tariff Review
Criminal Law Minimum Term Calculation Life Imprisonment Remand Time Credit Tariff Review

Case Brief

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Parties

Patrick Timlin

Appellant

Regina (The Crown)

Respondent

Procedural Posture

Criminal Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether time spent on remand should count towards the minimum term for a life sentence under Criminal Justice Act 2003 Schedule 22 paragraph 3(1)
  2. 2 Whether the judge was entitled to exclude remand time from the tariff period

Ratio Decidendi

The judge was not entitled to exclude the whole period of remand from the minimum term, as the notified minimum term had been calculated from the date of remand, and increasing the term would contravene statutory provisions and fairness to the appellant.

Court Disposition

appeal allowed

Orders

  • Minimum term to include full period of remand as notified.
  • Wilkie J's decision excluding remand time overturned.