R v Thomasz Mysiak

R v Thomasz Mysiak

The court refused to exercise its exceptional power to credit the days spent in custody abroad, finding that the statutory scheme governs such credit, the applicant was the author of his own misfortune by absconding, and the interests of justice did not require intervention.

Source-derived case information.

Parties
Applicant: Thomasz Mysiak; Respondent: Crown
Jurisdiction
England and Wales
Judgment Date
29 July 2025
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence and Extension of Time
Outcome
application refused
Legal Topics
Credit for Time Served Abroad, Exceptional Powers of Court, Finality of Sentence
Criminal Law Extradition Law Sentencing Credit for Time Served Abroad Exceptional Powers of Court Finality of Sentence

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Parties

Thomasz Mysiak

Applicant

Crown

Respondent

Procedural Posture

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

  1. 1 Whether days spent in custody abroad awaiting extradition should be credited towards the applicant's sentence
  2. 2 Whether the court has exceptional power to credit such days in the interests of justice

Ratio Decidendi

The court refused to exercise its exceptional power to credit the days spent in custody abroad, finding that the statutory scheme governs such credit, the applicant was the author of his own misfortune by absconding, and the interests of justice did not require intervention.

Court Disposition

application refused