Butler, R. v [2020] EWCA Crim 128

No: 2019 03780 A1
IN THE COURT OF APPEAL
CRIMINAL DIVISION
[2020] EWCA CRIM 128
Venue Royal Courts of Justice Strand London, WC2A 2LLDate Wednesday 5 February 2020
Between
R E G I N ACrown
B e f o r e:
LADY JUSTICE SIMLER DBE
MR JUSTICE LAVENDER
SIR PETER OPENSHAW
v
Between
TYSON BUTLERComputer Aided Transcript of the Stenograph Notes of Epiq Europe Ltd Lower Ground, 18-22Furnival Street, London EC4A 1JS Tel No: 020 7404 1400 Email: rcj@epiqglobal.co.uk (Official Shorthand Writers to the Court)This transcript is Crown Copyright. It may not be reproduced in whole or in part other than in accordance with relevant licence or with the express consent of the Authority. All rights are reserved.WARNING: Reporting restrictions may apply to the contents transcribed in this document, particularly if the case concerned a sexual offence or involved a child. Reporting restrictions prohibit the publication of the applicable information to the public or any section of the public, in writing, in a broadcast or by means of the internet, including social media. Anyone who receives a copy of this transcript is responsible in law for making sure that applicable restrictions are not breached. A person who breaches a reporting restriction is liable to a fine and/or imprisonment. For guidance on whether reporting restrictions apply, and to what information, ask at the court office or take legal advice.Non-counsel applicationJ U D G M E N T(Draft for approval)
[1]prohibition continues unless waived or lifted.[2]pronouncement.[3]credited but was not.[4]an offender on qualifying curfew before sentence. In this case it appears clear that the question of credit was not raised at the sentencing hearing on the applicant's behalf so that the judge made no appropriate order. There is no suggestion that the applicant bears any responsibility for that failure. Further, it appears that he acted promptly in drawing it to the attention of his solicitors as soon as he discovered the problem. In these circumstances it appears to us to be in the interests of justice to extend time, and we do so. We will give leave to appeal. The appeal will be allowed, and we order that 245 days will count towards the appellant's sentence under section 240A of the Criminal Justice Act 2003. Epiq Europe Ltd hereby certify that the above is an accurate and complete record of the proceedings or part thereof. Lower Ground, 18-22 Furnival Street, London EC4A 1JS Tel No: 020 7404 1400 Email: Rcj@epiqglobal.co.uk