R v Harry Culleton
[2024] EWCA Crim 1128
R v Deon Suleman
4 October 2024
[2024] EWCA Crim 1230
Court of Appeal
Deon Suleman's prison sentence was reviewed. The court decided that time he spent in jail before the main trial should count towards his final sentence. They also corrected a mistake in a court fee he had to pay.
Key Facts
- •Deon Suleman pleaded guilty to two offences of possession with intent to supply on 21 June 2021 in the magistrates' court.
- •He was subsequently sentenced for indictment offences on 7 August 2022 in the Crown Court at Birmingham by Mr Recorder Adrian Jack.
- •An application was made to adjust the sentence under the slip rule, and an appeal was mounted.
- •The victim surcharge was incorrectly recorded.
Legal Principles
Time spent on remand for related offences should count towards the sentence imposed for indictment offences.
Section 240ZA(3) of the Criminal Justice Act 2003
Outcomes
The time spent on remand for the magistrates' court offences will count towards the Crown Court sentence.
The offences are related within the meaning of section 240ZA(3) of the Criminal Justice Act 2003.
The application to adjust the sentence under the slip rule and the appeal were deemed inappropriate jurisdictional routes to achieve the desired result.
The Ministry of Justice confirmed the remand time would count automatically.
Extension of time to apply for leave to appeal was granted, leave to appeal was granted, and the appeal was allowed to correct the victim surcharge.
The victim surcharge was incorrectly recorded; it should have been £170.