Keogh, R v

Keogh, R v

Justice requires that, where errors in calculation of licence recall and remand periods have affected the appellant's expectations and actual time served, the period to be served on licence should be reduced to permit immediate release, but not to a date earlier than would otherwise have been imposed had all facts been known.

Parties
Respondent: Regina; Appellant: Robert Keogh
Jurisdiction
England and Wales
Judgment Date
25 May 2004
Procedural Posture
Criminal Appeal / Judgment on Sentence Review
Outcome
sentence varied
Legal Topics
Sentencing, Licence Recall, Calculation of Custodial Terms
Criminal Law Sentencing Licence Recall Calculation of Custodial Terms

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Respondent

Robert Keogh

Appellant

Procedural Posture

Criminal Appeal / Judgment on Sentence Review

Legal Issues

  1. 1 Whether errors in calculation of licence recall and remand periods resulted in unfairness to the appellant
  2. 2 Whether the sentence should be adjusted to reflect the appellant's expectations and actual time served

Ratio Decidendi

Justice requires that, where errors in calculation of licence recall and remand periods have affected the appellant's expectations and actual time served, the period to be served on licence should be reduced to permit immediate release, but not to a date earlier than would otherwise have been imposed had all facts been known.

Court Disposition

sentence varied

Orders

  • The period to be served on licence is reduced to 78 days to permit the appellant's immediate release.