England and Wales Court of Appeal (Criminal Division) Decisions

You are here: BAILII >> Databases >> England and Wales Court of Appeal (Criminal Division) Decisions >> Suleman, R. v [2024] EWCA Crim 1230 (04 October 2024)
URL: http://www.bailii.org/ew/cases/EWCA/Crim/2024/1230.html
Cite as: [2024] EWCA Crim 1230

[New search] [Printable PDF version] [Help]

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

		Neutral Citation Number: [2024] EWCA Crim 1230
		Case No 2024/00697/A4

IN THE COURT OF APPEAL
CRIMINAL DIVISION
ON APPEAL FROM THE CROWN COURT AT BIRMINGHAM
(MR RECORDER ADRIAN JACK) [T20227314]

Royal Courts of Justice
The Strand
London
WC2A 2LL

4 October 2024

B e f o r e :

LORD JUSTICE POPPLEWELL
MRS JUSTICE CUTTS DBE
MR JUSTICE FOXTON
____________________

	R E X
	- v -
	DEON SULEMAN

____________________

Computer Aided Transcription of Epiq Europe Ltd,
Lower Ground Floor, 46 Chancery Lane, London WC2A 1JE
Tel No: 020 7404 1400; Email: rcj@epiqglobal.co.uk
(Official Shorthand Writers to the Court)

____________________

Mr B Adris appeared on behalf of the Applicant
____________________

HTML VERSION OF JUDGMENT A P P R O V E D
____________________

LORD JUSTICE POPPLEWELL:

In this case the time spent on remand in relation to the two offences of possession with intent to supply, to which the applicant pleaded guilty at the magistrates' court on 21 June 2021, for which he was then committed for sentence, shall count against the sentence which was imposed for the indictment offences by Mr Recorder Adrian Jack in the Crown Court at Birmingham on 7 August 2022 because they are related offences within the meaning of section 240ZA(3) of the Criminal Justice Act 2003.

That has this morning been confirmed by the relevant department of the Ministry of Justice who have confirmed that the prison will be notified accordingly. That applies administratively and automatically. It is not a matter which fell to be dealt with by the Recorder in relation to the sentence imposed on the offences on the indictment. The application to him to adjust the sentence under the slip rule and the mounting of this appeal were not the appropriate jurisdictional route in order to achieve the result which has been achieved, albeit that that has been their effect.

Accordingly, subject to one matter, the appropriate order would be to refuse the extension of time in which to apply for leave to appeal which has been referred to the full court.

However, we are grateful to the Criminal Appeal Office for drawing to our attention that in this case the victim surcharge has been recorded in the wrong amount and that it should have been recorded as £170.

Accordingly, for those purposes we will grant the extension of time, grant leave to appeal and allow the appeal to that limited extent of correcting the victim surcharge order.

About BAILII - FAQ - Copyright Policy - Disclaimers - Privacy Policy amended on 25/11/2010