Patel & Ors, R. v

Patel & Ors, R. v

Sentencing judges are not permitted to adjust sentences to account for changes in early release provisions, including the 2020 Order, even where sentencing is delayed for reasons beyond the offender's control. The principle is rooted in binding authority and legislative intent. No legitimate expectation or fairness...

Source-derived case information.

Parties
Respondent: Regina; Appellant: Tristan Patel; Appellant: Sifean Ghilani; Appellant: Levar Thomas; Appellant: Atiyyah Viola Gidden; Applicant: Jason Nicholas Thompson; Appellant: Karl Lawrence; Applicant: Kyron Blackley; Applicant: DM; Applicant: Sean John Sweeney; Appellant: Ryan Michael Brady; Applicant: Ulili Ramalho; Applicant: Frank Allan Fisher; Applicant: Shane Duke Roger Warburton; Intervener: Attorney General; Offender: Paul Fox
Jurisdiction
England and Wales
Judgment Date
25 February 2021
Procedural Posture
Criminal Appeal / Judgment on Appeal and Attorney General's Reference
Outcome
Appeals and applications dismissed except for minor adjustments; Attorney General's Reference allowed and sentence increased.
Legal Topics
Early Release Provisions, Legitimate Expectation, Mitigating Factors, Covid 19 Impact on Sentencing, Sentencing Guidelines, Attorney General's Reference
Criminal Law Sentencing Early Release Provisions Legitimate Expectation Mitigating Factors Covid 19 Impact on Sentencing Sentencing Guidelines Attorney General's Reference

Source-derived case record

Summary, issues, holding and outcome

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Parties

Regina

Respondent

Tristan Patel

Appellant

Sifean Ghilani

Appellant

Levar Thomas

Appellant

Atiyyah Viola Gidden

Appellant

Jason Nicholas Thompson

Applicant

Karl Lawrence

Appellant

Kyron Blackley

Applicant

DM

Applicant

Sean John Sweeney

Applicant

Ryan Michael Brady

Appellant

Ulili Ramalho

Applicant

Frank Allan Fisher

Applicant

Shane Duke Roger Warburton

Applicant

Attorney General

Intervener

Paul Fox

Offender

Procedural Posture

Criminal Appeal / Judgment on Appeal and Attorney General's Reference

Legal Issues

  1. 1 Whether sentencing judges should take account of the impact of the Release of Prisoners (Alteration of Relevant Proportion of Sentence) Order 2020 when sentencing after 1 April 2020 for offences committed and convicted before that date
  2. 2 Whether delay in sentencing due to Covid-19 or other factors justifies adjustment of sentence to reflect early release provisions
  3. 3 Whether legitimate expectation or fairness requires departure from the general principle

Ratio Decidendi

Sentencing judges are not permitted to adjust sentences to account for changes in early release provisions, including the 2020 Order, even where sentencing is delayed for reasons beyond the offender's control. The principle is rooted in binding authority and legislative intent. No legitimate expectation or fairness justifies departure from this rule. Exceptions must be rooted in principle and legislative framework, and none apply in these cases.

Court Disposition

Appeals and applications dismissed except for minor adjustments; Attorney General's Reference allowed and sentence increased.

Orders

  • Appeals of Tristan Patel, Sifean Ghilani, Levar Thomas, Karl Lawrence, Ryan Brady dismissed.
  • Appeal of Atiyyah Gidden dismissed; record amended to detention in Young Offender Institution.