Key Facts
- •Adebayo Kekere-Ekun was convicted of murder and sentenced to life imprisonment with a 10-year minimum term.
- •He spent 39 days in Nigeria awaiting extradition.
- •The issue on appeal was whether this time should be credited towards his minimum term.
- •The appellant fled the UK to Nigeria after the murder to evade arrest and was apprehended 14 years later.
- •He cooperated with extradition and pleaded guilty at an early stage.
- •The sentencing judge did not consider the time spent in Nigerian custody.
Legal Principles
Prior to the Criminal Justice Act 2003, courts had discretion to credit time spent in custody abroad awaiting extradition, considering factors like the reason for leaving the country and resistance to extradition.
R v Noye [2013] EWCA Crim 510
Under sections 240 and 243 of the Criminal Justice Act 2003, credit for time served abroad is allowed unless the court finds it unjust in all circumstances not to give such credit.
Criminal Justice Act 2003, sections 240 and 243
For mandatory life sentences, section 269(3) of the 2003 Act requires consideration of what direction would have been made under section 240 if the sentence was fixed term.
Criminal Justice Act 2003, section 269(3)
Outcomes
The appeal was allowed.
The court found that it was just in all the circumstances to credit the 39 days spent in Nigerian custody towards the minimum term, considering the appellant's cooperation with extradition and early guilty plea.
The minimum term was varied to reflect the 39 days of credit.
The time spent in Nigeria awaiting extradition was added to the time spent in UK custody to reduce the overall time to serve before eligibility for release.