Butler, R. v

Butler, R. v

The applicant was entitled to credit for 245 days for time spent on qualifying curfew, and extension of time was granted as it was in the interests of justice given the prompt action and lack of applicant fault.

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, Credit for Time Served, Extension of Time, Appeal Against Sentence
Criminal Law Rape Sexual Assault Credit for Time Served Extension of Time Appeal Against Sentence

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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 served on qualifying curfew under section 240A Criminal Justice Act 2003
  2. 2 Whether a significant extension of time should be granted for leave to appeal against sentence

Ratio Decidendi

The applicant was entitled to credit for 245 days for time spent on qualifying curfew, and extension of time was granted as it was in the interests of justice given the prompt action and lack of applicant fault.

Court Disposition

appeal allowed

Orders

  • 245 days will count towards the appellant's sentence under section 240A Criminal Justice Act 2003
  • extension of time granted