R v Barber
| Jurisdiction | England & Wales |
| Judgment Date | 17 February 2006 |
| Date | 17 February 2006 |
| Court | Court of Appeal (Criminal Division) |
COURT OF APPEAL Criminal Division
Before Lord Justice Pill, Mrs Justice Swift and Judge Radford, QC
WHERE a judge was considering making a direction that time spent by an offender in custody on remand should not count as part of his sentence, he should give defence counsel the opportunity of addressing the court.
The Court of Appeal, Criminal Division, so held in a reserved judgment when allowing an appeal by Dean Barber against sentences imposed on him at Middlesex Guildhall Crown Court (Judge Lawrence) on December 7, 2005, of six and three months consecutive imprisonment for offences of assault occasioning actual bodily harm, contrary to section 47 of the Offences against the Person Act 1861, and criminal damage, contrary to section 1 of the Criminal Damage Act 1971, respectively.
Mr Adam Crook, assigned by the Registrar of Criminal Appeals, for the offender; the Crown did not appear and was not represented.
MRS JUSTICE SWIFT, giving the judgment of the court, said that the judge failed to inform counsel that he had not made the usual direction under section 240(3) of the Criminal Justice Act 2003 that 161 days spent by the offender in custody on remand should count as time served as part of the sentence, or provide an explanation, as required by section 240(6)(b) of that Act for not doing so.
Where a judge was considering departing from the usual practice of making a direction under section 240(3)...
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