R v Winston Thomas Papalaka

R v Winston Thomas Papalaka

Credit for time spent on qualifying curfew must be applied regardless of whether the electronic tag was fitted, as there is no statutory requirement for the monitoring device to be functioning.

Source-derived case information.

Parties
Respondent: Rex; Appellant: Winston Thomas Papalaka
Jurisdiction
England and Wales
Judgment Date
28 July 2025
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal allowed in part
Legal Topics
Sentencing Credit, Curfew Conditions, Remand, Slip Rule Correction
Criminal Law Sentencing Credit Curfew Conditions Remand Slip Rule Correction

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Parties

Rex

Respondent

Winston Thomas Papalaka

Appellant

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether credit for time spent on qualifying curfew should be applied when the electronic tag was not fitted
  2. 2 Calculation of credit period under section 325 of the Sentencing Act 2020

Ratio Decidendi

Credit for time spent on qualifying curfew must be applied regardless of whether the electronic tag was fitted, as there is no statutory requirement for the monitoring device to be functioning.

Court Disposition

appeal allowed in part

Orders

  • Appellant certified as having spent 411 days on remand subject to qualifying curfew
  • 206 days to count towards sentence