PC (Trinidad and Tobago) The Board was asked to determine the date from which an unsuccessful appellant’s sentence should run. Pending an appeal or whilst on remand, a prisoner would be held in less demanding conditions and therefore no credit was given. In one case the prisoner had been released only after spending more time in prison awaiting his appeal than the original sentences, ignoring remission.
Held: The appeals were allowed. The appeal court in Tiwari had erred. Each case should be approached on its own merits: ‘to ascertain whether the application is devoid of merit, an attempt to manipulate the criminal appeal system for the applicant’s benefit or is otherwise a deliberate waste of the court’s time and resources. ‘ In Kumar Ali’s case, no reasons had been given and the case was simpler still.
As to time spent on remand, all such time should be usually deducted and an unsuccessful appellant should not be penalised further by having to serve additional time, unless this is to ‘impose a penalty for bringing or persisting with a frivolous application which fairly reflects the need to discourage wasting the court’s time without inflicting an unfairly long extension of imprisonment upon the applicant’.
Judges:
Lord Bingham of Cornhill, Lord Steyn, Lord Rodger of Earlsferry, Baroness Hale of Richmond, Lord Carswell
Citations:
[2005] UKPC 41, [2006] 1 WLR 269
Links:
Jurisdiction:
Commonwealth
Citing:
Cited – Pratt and Morgan v The Attorney General for Jamaica and Another PC 2-Nov-1993
(Jamaica) A five year delay in execution is excessive, and can itself amount to inhuman or degrading punishment. ‘There is an instinctive revulsion against the prospect of hanging a man after he has been held under sentence of death for many years. . .
Cited – Leslie Tiwari v The State (Appeal No 76 of 2001) PC 29-May-2002
(Trinidad and Tobago) The defendant appealed convictions for rape and other offences based upon identification evidence. He had not been represented at the trial. He had not been warned of his freedom to call witnesses.
Held: Where a defendant . .
Cited – Rex v Peters 1908
If leave is given to appeal against sentence, the term will generally be backdated to the original sentencing exercise. . .
Cited – Regina v K (Herbert) CACD 2005
The court considered the making of loss of time orders. . .
Cited – Practice Direction (Criminal Proceedings: Consolidation) CACD 8-Jul-2002
. .
Cited – Practice Direction (Crime: Sentence: Loss of Time) 1980
Appellants were reminded of the courts powers to make a loss of time order in the case of inappropriate appeals against sentence. . .
Cited – Rex v Westlake 1920
Where leave to appeal against sentence is obtained by misstatement or misdescription, the sentence imposed will not be backdated as is the normal practice. . .
Cited – Rex v Fenley 1920
Where a defedant obtains leave to appeal against his sentence by a deception, then on his sentence by the Appeal Court, that sentence will not be backdated. . .
Cited by:
Cited – Persad v Trinidad and Tobago PC 23-Jul-2007
(Trinidad and Tobago) The Board considered the admissibility of out of court admissions as against co-defendants. Three defendants faced allegations of a series of violent crimes. The appellant said the only evidence against him for an offence of . .
Cited – Sherry v The Queen PC 4-Mar-2013
Discretion as to credit for remand time
(Guernsey) In 1980 the appellant had been sentenced to three months imprisonment. He had spent 10 days on remand, but no allowance was given for that time. He gave notice of appeal, but after being released on open remand, he failed to appear at his . .
Cited – Brown v The Queen PC 9-Feb-2016
Court of Appeal of Jamaica – Appeal against conviction for murder – challenge as to capacity to plead.
Held: The appeal against conviction failed, but the appeal against sentence succeeded. . .
Lists of cited by and citing cases may be incomplete.
Criminal Sentencing, Commonwealth
Updated: 04 July 2022; Ref: scu.236685