Sim v R.

Sim v R.

The guidance in Nelson constituted sentencing practice, not statutory interpretation, and therefore does not have retrospective effect. The application for extension of time is refused as the case does not fall within the Offen/Kelly principle.

Parties
Appellant: William Charles Sim; Respondent: The Queen
Jurisdiction
England and Wales
Judgment Date
13 November 2003
Procedural Posture
Criminal Appeal / Application for Extension of Time to Appeal Against Sentence
Outcome
application refused
Legal Topics
Extended Sentences, Sentencing Guidelines, Retrospective Application of Legal Principles
Criminal Law Extended Sentences Sentencing Guidelines Retrospective Application of Legal Principles

Case Brief

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Parties

William Charles Sim

Appellant

The Queen

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether guidance given in Nelson [2002] 1 Cr. App. R. (S.) 565 on extended sentences should be applied retrospectively to the appellant's sentence
  2. 2 Whether the application for extension of time to appeal against sentence should be granted

Ratio Decidendi

The guidance in Nelson constituted sentencing practice, not statutory interpretation, and therefore does not have retrospective effect. The application for extension of time is refused as the case does not fall within the Offen/Kelly principle.

Court Disposition

application refused

Orders

  • Application for extension of time to appeal against sentence is refused.