2020-12-08
Gang leader wasn't imprisoned day longer than necessary
Stage: Appeal
Finding: Convicted
Outcome: Convicted; Upholding the High Court's decision today, Ms Justice Maire Whelan said the method of calculation of Price's standard remission was correct and to recalibrate a sentence imposed in years to one given in terms of months rather than days was "contrary to logic, risks ambiguities and anomalous circumstances, and, more importantly, carries inbuilt elements of unfairness, capriciousness and chance", which risk undermining morale and certainty within the prison population. In a judgement returned electronically today, Ms Justice Whelan said to recalibrate a sentence imposed in terms of years to one given in terms of calendar months rather than days for the purpose of the calculation of standard remission "would introduce an unjustified element of ambiguity and generate unwarranted anomalies and inconsistencies".