R v Shane Fitzpatrick
The sentence was not lawfully pronounced because the judge failed to specify the number of remand days to be deducted from the minimum term; the correct sentence is life imprisonment with a minimum term of 19 years and 121 days, accounting for 244 days spent on remand.
- Parties
- Prosecution: Rex; Applicant: Shane Fitzpatrick
- Jurisdiction
- England and Wales
- Judgment Date
- 25 July 2025
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal allowed
- Legal Topics
- Sentencing, Life Imprisonment, Remand Credit, Appeal Procedure
Case Brief
Summary, issues, holding and outcome
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Parties
Rex
Prosecution
Shane Fitzpatrick
Applicant
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentencing judge erred by failing to specify the precise number of remand days to be deducted from the minimum term.
- 2 Whether the sentence was lawfully pronounced given the omission.
- 3 Whether the applicant is entitled to credit for the correct number of remand days.
Ratio Decidendi
The sentence was not lawfully pronounced because the judge failed to specify the number of remand days to be deducted from the minimum term; the correct sentence is life imprisonment with a minimum term of 19 years and 121 days, accounting for 244 days spent on remand.
Court Disposition
appeal allowed
Orders
- Extension of time to seek leave to appeal granted.
- Leave to appeal granted.
Full Case Text
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