Butler, R. v [2020] EWCA Crim 128 (05 February 2020)

Butler, R. v [2020] EWCA Crim 128 (05 February 2020)

It is in the interests of justice to extend time and allow the appeal where the applicant was not responsible for the failure to credit time served on qualifying curfew, and the omission was promptly brought to the attention of solicitors.

Citation
[2020] EWCA Crim 128
Parties
Prosecution: Regina; Applicant: Tyson Butler
Jurisdiction
England and Wales
Judgment Date
05 February 2020
Procedural Posture
Criminal Appeal / Application for Extension of Time and Leave to Appeal Against Sentence
Outcome
appeal allowed
Legal Topics
Rape, Sexual Assault, Sentencing, Credit for Time Served, Extension of Time
Criminal Law Rape Sexual Assault Sentencing Credit for Time Served Extension of Time

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Regina

Prosecution

Tyson Butler

Applicant

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant should receive credit for time spent on qualifying curfew under section 240A Criminal Justice Act 2003
  2. 2 Whether a significant extension of time to appeal should be granted due to failure to give credit at sentencing

Ratio Decidendi

It is in the interests of justice to extend time and allow the appeal where the applicant was not responsible for the failure to credit time served on qualifying curfew, and the omission was promptly brought to the attention of solicitors.

Court Disposition

appeal allowed

Orders

  • Extension of time granted
  • Leave to appeal granted