Kerrigan & Anor, R. v
2014
COURT OF APPEAL (CRIMINAL DIVISION)
United Kingdom
CORAM
- LADY JUSTICE HALLETT
- MR JUSTICE SPENCER
- MRS JUSTICE PATTERSON DBE
Areas of Law
- Criminal Law and Procedure
- Sentencing
2014
COURT OF APPEAL (CRIMINAL DIVISION)
United Kingdom
CORAM
AI Generated Summary
Walker and Kerrigan were both imprisoned after breaching their licence terms by committing new offences. They argued for credit for time spent in custody due to the recall. The Court upheld the sentences, stating that a day in custody can only count towards one sentence per Section 240ZA. Delays in trial do not necessarily mandate reduced sentences unless exceptional circumstances exist.
J U D G M E N T
1. THE VICE PRESIDENT : These two otherwise unconnected appeals have been heard together this morning because they raise the same issue. The appellants have leave to argue whether they were entitled to credit for time spent in custody awaiting sentence which coincided with time spent in custody having been recalled on licence.
Walker
2. Walker was born on 29th August 1992. He was aged 20 on conviction, he is now 22. He had one previous conviction for aggravated burglary. In 2010 he committed an extremely serious offence of burglary of an isolated farmhouse occupied by an elderly couple. This offence was committed jointly with Stephen Killip. In April 2011 he was sentenced to 44 months' detention. On 30th July 2012 he was released on licence with a condition of non-association with Killip. On 24th February 2013 Killip committed an unrelated offence of grievous bodily harm. On 26th February 2013 both the appellant and Killip committed the instant offence of attempted robbery.
3. The facts are that the appellant provided Killip with a large hunting knife and drove him to a petrol station on the A590 in Cumbria, where he waited for him to commit a robbery in the station shop. At around 1.30 pm Killip entered the shop, wearing ski gloves and a full stocking-type head covering, and holding the knife. He stood five feet from Michelle Rawlinson, the only member of staff present. He threatened her with the knife and demanded cash. Terrified, she screamed. This drew the attention of a mechanic working nearby. Killip ran off and was driven away from the scene by the appellant Walker.
4. Following the attempted robbery police were able to locate Walker quite quickly and arrest him. His vehicle was searched and various items recovered, but at that time not the knife. Messages on Walker's phone implicated Killip. Walker was charged and remanded in custody. He was then recalled to prison on 28th February 2013.
5. Efforts were made to trace Killip, and after several days he was located and arrested for the robbery and another matter. He denied both offences put to him but he too was recalled to prison on licence.
6. The investigation continued in relation to forensic examination of the items that had been found, as well as analysis of telephone traffic and cell site data. At the same time another police force was investigating Killip for a serious assault. This all caused some difficulties for the officers investigating the attempted robbery i