Reported Cases of Interest

R v Governor of Wandsworth Prison, ex p Sorhaino; QBD (Div Ct) (Simon Brown LJ, Astill J) 14 December1998 .

Time spent in custody on remand for offence B, whilst also detained pursuant to a magistrates’ court sentence for offence A, was not to be counted towards the serving of the sentence of imprisonment for offence B when the sentence for offence A was quashed on appeal before the defendant had been sentenced to imprisonment for offence B. A sentence once quashed was not void AB initio; during the period of sentence A, therefore, the applicant was not in prison “only” by reason of an order of a court made in connection with any proceedings related to sentence B, as would be required by s 67(1A) of the Criminal Justice Act 1967 were that period of time to count towards sentence B.

Peter Duffy QC, Rambert de Mello (Goodall Barnett James, Brighton) for the applicant; Eleanor Grey (Treasury Solicitor) for the respondent.

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