Yousif Sesay & Ors v R

Yousif Sesay & Ors v R

Where a life sentence is imposed, the sentencing judge must announce the minimum term as a specific period after deducting the precise number of remand days, which must also be stated in open court. Administrative correction of minimum terms is not permitted after sentencing; any error must be corrected by appeal if the statutory period has expired. Failure to specify remand days in court renders the sentence defective to that extent and requires appellate correction, even if the practical effect is negligible.

Parties
First Appellant: Yousif Sesay; Second Appellant: Laurence Griffiths; Third Appellant: Keal Richards; Fourth Appellant: Carl James Silcox; Respondent: Rex
Jurisdiction
England and Wales
Judgment Date
23 November 2024
Procedural Posture
Criminal Appeal / Judgment on Applications and Renewed Applications for Leave to Appeal Against Sentence
Outcome
Appeals allowed in part; minimum terms varied to specify remand days. Other grounds refused.
Legal Topics
Life Sentences, Minimum Term Calculation, Remand Credit, Appeal Procedure
Criminal Law Sentencing Life Sentences Minimum Term Calculation Remand Credit Appeal Procedure

Case Brief

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Parties

Yousif Sesay

First Appellant

Laurence Griffiths

Second Appellant

Keal Richards

Third Appellant

Carl James Silcox

Fourth Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Judgment on Applications and Renewed Applications for Leave to Appeal Against Sentence

Legal Issues

  1. 1 How should periods of remand in custody be credited when a life sentence is imposed?
  2. 2 What is the proper procedure for announcing minimum terms and remand days in life sentences?
  3. 3 Can administrative correction be made to minimum terms after sentencing?

Ratio Decidendi

Where a life sentence is imposed, the sentencing judge must announce the minimum term as a specific period after deducting the precise number of remand days, which must also be stated in open court. Administrative correction of minimum terms is not permitted after sentencing; any error must be corrected by appeal if the statutory period has expired. Failure to specify remand days in court renders the sentence defective to that extent and requires appellate correction, even if the practical effect is negligible.

Court Disposition

Appeals allowed in part; minimum terms varied to specify remand days. Other grounds refused.

Orders

  • Minimum term for Yousif Sesay set at 21 years 64 days.
  • Minimum term for Laurence Griffiths set at 7 years 60 days.