Whilst released on licence from prison, the defendant committed further related offences. On sentencing the judge erred in calculating the amount of time to be served for the breach of the licence. Having been recalled, the time served between recall and sentence did not count against the total sentence. Section 39 and section 116 were quite different statutory considerations, with different purposes. The 420 days maximum was to be reduced by twice the number of section 39 days actually served. It was disturbing that courts should still be making such errors.
Judges:
Pill, Stanley Burton LJJ, Fawcus J
Citations:
Times 30-Jan-2003
Statutes:
Criminal Justice Act 1967 67, Criminal Justice Act 1991 39
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Sharkey CACD 10-Nov-1999
Where an offender had been released from prison under licence, but committed a further offence whilst released on licence, and had already been recalled to prison by way of his licence being revoked under section 39, that did not prevent a court . .
Lists of cited by and citing cases may be incomplete.
Criminal Sentencing
Updated: 15 August 2022; Ref: scu.178847