R v Ogechuku Nnaji and Remmond Johnson - JustCite - the legal search engine and citator

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R v Ogechuku Nnaji and Remmond Johnson

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Justis Editorial on 30 August 2011

Sentencing Powers

The Court of Appeal (Criminal Division) handed down judgment in the case of R v Johnson and another [2009] EWCA Crim 468 on 18th March 2009. The case concerned the ongoing confusion regarding the effects of section 240 of the Criminal Justice Act 2003 c. 44. Section 240 compels a judge to make a specific direction as to the number of days spent in custody on remand and how these days should reduce the sentence imposed.

The Court of Appeal suggested that section 240 had the effect of adding a wholly unnecessary and disproportionate cost of funds, and suggested Parliament might reconsider section 240. Pending any such reconsideration the Court of Appeal suggested judges use the formula laid down in the case of R v Gordon and others [2007] 1 WLR 2117.

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