Sharriff Dacres v R

Sharriff Dacres v R

The applicant's case does not meet the threshold of exceptionality required to invoke the discretionary jurisdiction to adjust sentence for time served on a quashed conviction. The statutory regime under s240ZA applies, and the delay in seeking appeal is unexplained and excessive. No real injustice arises to justify an extension of time or sentence adjustment.

Parties
Appellant: Sharriff Dacres; Respondent: Rex
Jurisdiction
England and Wales
Judgment Date
05 March 2024
Procedural Posture
Criminal Appeal / Application for Extension of Time to Appeal Against Sentence
Outcome
application for extension of time refused
Legal Topics
Extension of Time, Credit for Time Served, Remand in Custody, Sentencing Discretion, Criminal Justice Act 2003 S240 ZA
Criminal Law Extension of Time Credit for Time Served Remand in Custody Sentencing Discretion Criminal Justice Act 2003 S240 ZA

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Parties

Sharriff Dacres

Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Application for Extension of Time to Appeal Against Sentence

Legal Issues

  1. 1 Whether the applicant is entitled to an extension of time to appeal against sentence imposed for conspiracy to transfer or sell prohibited weapons
  2. 2 Whether the sentencing judge should have exercised discretion to reduce the sentence to account for time served on a quashed conviction
  3. 3 Whether the statutory regime under s240ZA Criminal Justice Act 2003 precludes credit for time served on a quashed conviction

Ratio Decidendi

The applicant's case does not meet the threshold of exceptionality required to invoke the discretionary jurisdiction to adjust sentence for time served on a quashed conviction. The statutory regime under s240ZA applies, and the delay in seeking appeal is unexplained and excessive. No real injustice arises to justify an extension of time or sentence adjustment.

Court Disposition

application for extension of time refused

Orders

  • Application for extension of time to appeal against sentence is refused.
  • Application for leave to appeal falls.