Bennett, R v

Bennett, R v

The sentencing judge erred by not fully accounting for the period spent on administrative recall, as required by established case law. The correct calculation, based on accurate prison service information, results in a substituted sentence of 92 days for breach of licence.

Parties
Prosecution: Regina; Appellant: Peter Michael Bennett
Jurisdiction
England and Wales
Judgment Date
28 January 2005
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal allowed in part
Legal Topics
Sentencing, Breach of Licence, Administrative Recall, Controlled Drugs
Criminal Law Sentencing Breach of Licence Administrative Recall Controlled Drugs

Case Brief

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Parties

Regina

Prosecution

Peter Michael Bennett

Appellant

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the sentencing judge correctly calculated the period of imprisonment for breach of licence under section 116 of the Powers of Criminal Courts (Sentencing) Act 2000
  2. 2 Whether periods spent on administrative recall should be fully accounted for in sentencing

Ratio Decidendi

The sentencing judge erred by not fully accounting for the period spent on administrative recall, as required by established case law. The correct calculation, based on accurate prison service information, results in a substituted sentence of 92 days for breach of licence.

Court Disposition

appeal allowed in part

Orders

  • The sentence of 502 days for breach of licence is set aside and substituted with a sentence of 92 days.
  • If it emerges that the licence expiry date ended before the appellant's return to custody, the matter may be brought back for recalculation.