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England and Wales Court of Appeal (Criminal Division) Decisions |
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You are here: BAILII >> Databases >> England and Wales Court of Appeal (Criminal Division) Decisions >> John, R. v [2025] EWCA Crim 511 (04 April 2025) URL: https://www.bailii.org/ew/cases/EWCA/Crim/2025/511.html Cite as: [2025] EWCA Crim 511 |
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CRIMINAL DIVISION
ON APPEAL FROM THE CROWN COURT AT HARROW
(HIS HONOUR JUDGE COLE) [T20217254]
The Strand London WC2A 2LL |
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B e f o r e :
LORD JUSTICE WARBY
MR JUSTICE BRYAN
HIS HONOUR JUDGE ANDREW LEES
(Sitting as a Judge of the Court of Appeal Criminal Division)
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R EX |
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SEAN CHIBUEZE JOHN |
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Lower Ground Floor, 46 Chancery Lane, London WC2A 1JE
Tel No: 020 7404 1400; Email: rcj@epiqglobal.co.uk (Official Shorthand Writers to the Court)
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Crown Copyright ©
Friday 4 April 2025
LORD JUSTICE WARBY:
"The time you have spent remanded in custody to the care of the local authority will count towards your sentence …"
The juge went on to tell the applicant that he would serve one half of his senence before being released on licence.
"… There may be cases in which the interests of justice require that the length of the remand combined with the restrictive nature of the conditions ought to be reflected (beyond any credit for qualifying curfew) in the calculation of sentence – albeit that, as this case perhaps illustrates, such occasions are likely to be rare. In any event the amount, if any, of such credit will all depend on the facts of the particular case, and the judge's assessment of what the interests of justice require. It will not be a purely mathematical exercise."
"We acknowledge that if in his sentencing remarks the judge had expressly led the offender to believe that time would count, the position might (and we stress might) be different. …"
Mr Langley did not, however, develop that line of argument.
"While remanded into the care of a local authority … you have been entrusted with a level of freedom …"
We have also had careful regard to the pre-sentence report prepared by Greater Manchester Youth Justice Services, dated 1 July 2022, which gives some insight into that observation.