R v Sylwester Kawalec

R v Sylwester Kawalec

The sentence was not manifestly excessive given the aggravating and mitigating factors, but the failure to deduct 217 days spent on remand from the minimum term rendered the sentence unlawful and required correction.

Parties
Prosecution: Rex; Applicant: Sylwester Kawalec
Jurisdiction
England and Wales
Judgment Date
15 August 2024
Procedural Posture
Criminal Appeal / Judgment on Renewed Application for Leave to Appeal Against Sentence and Extension of Time
Outcome
appeal allowed in part
Legal Topics
Murder, Sentencing, Minimum Term Calculation, Conspiracy to Pervert the Course of Justice, Extension of Time
Criminal Law Murder Sentencing Minimum Term Calculation Conspiracy to Pervert the Course of Justice Extension of Time

Case Brief

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Parties

Rex

Prosecution

Sylwester Kawalec

Applicant

Procedural Posture

Criminal Appeal / Judgment on Renewed Application for Leave to Appeal Against Sentence and Extension of Time

Legal Issues

  1. 1 Whether the sentence imposed was manifestly excessive
  2. 2 Whether the applicant should have been sentenced for manslaughter rather than murder
  3. 3 Whether the sentencing judge failed to properly calculate the minimum term by not deducting time spent on remand

Ratio Decidendi

The sentence was not manifestly excessive given the aggravating and mitigating factors, but the failure to deduct 217 days spent on remand from the minimum term rendered the sentence unlawful and required correction.

Court Disposition

appeal allowed in part

Orders

  • Leave to appeal out of time granted on the limited ground of failure to deduct remand time.
  • Minimum term corrected to 21 years and 148 days.