Murray, R v

Murray, R v

The sentencing court erred by failing to credit the appellant with time already served on administrative recall, which should have been deducted at double the rate from the period ordered to be served for breach of licence under section 116.

Parties
Prosecution: Regina; Appellant: Vincent Murray
Jurisdiction
England and Wales
Judgment Date
02 February 2006
Procedural Posture
Criminal Appeal / Judgment on Reference by Criminal Cases Review Commission
Outcome
appeal allowed
Legal Topics
Sentencing, Administrative Recall, Early Release Licence, Credit for Time Served
Criminal Law Sentencing Administrative Recall Early Release Licence Credit for Time Served

Case Brief

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Parties

Regina

Prosecution

Vincent Murray

Appellant

Procedural Posture

Criminal Appeal / Judgment on Reference by Criminal Cases Review Commission

Legal Issues

  1. 1 Whether time served on administrative recall should be credited against a subsequent sentence imposed for breach of licence under section 116 of the Powers of Criminal Courts (Sentencing) Act 2000.

Ratio Decidendi

The sentencing court erred by failing to credit the appellant with time already served on administrative recall, which should have been deducted at double the rate from the period ordered to be served for breach of licence under section 116.

Court Disposition

appeal allowed

Orders

  • The five months (153 days) ordered to be served for breach of licence under section 116 is quashed and replaced with an order that only 33 days is to be served under section 116.
  • The appellant's sentence is reduced by 120 days.