Yousif Sesay & Ors v R
[2024] EWCA Crim 483
R v Jason Grainger
12 October 2023
[2023] EWCA Crim 1434
Court of Appeal
Jason Grainger got life in prison for a violent crime. The judge forgot to take off time he'd already served in jail waiting for trial. The court fixed this mistake, shortening his time before parole.
Key Facts
- •Jason Grainger and co-accused Trendell convicted in 2018 of causing grievous bodily harm with intent and false imprisonment.
- •Both received life sentences with 10-year (Grainger) and 8-year (Trendell) minimum terms.
- •Appeals in 2019 reduced minimum terms to 8 and 6 years respectively.
- •Sentencing judge failed to account for time spent on remand under section 240ZA of the Criminal Justice Act 2003.
- •Trendell's subsequent appeal successfully reduced his minimum term to account for remand time.
- •Grainger's case was referred to the Court of Appeal by the Criminal Cases Review Commission.
Legal Principles
When imposing a life sentence with a minimum term, the court should consider the effect of section 240ZA (credit for remand time) as if a determinate sentence were imposed.
Section 82A of the Powers of Criminal Courts (Sentencing) Act 2000 (now section 323 of the Sentencing Code)
While not mandatory, it is generally appropriate to reduce the minimum term by the precise number of days spent on remand to reflect the automatic credit under section 240ZA for determinate sentences.
[2022] 4 WLR 38, [2022] EWCA Crim 267
Outcomes
Appeal allowed.
The court found that the failure to account for Grainger's 199 days on remand was a similar oversight to Trendell's case. The court followed the precedent set in Trendell's appeal and reduced Grainger's minimum term accordingly.
Minimum term reduced.
Grainger's minimum term was reduced by 199 days (the time spent on remand).