Mr BG

Mr BG was convicted in August 1998 of rape, robbery, and kidnapping. Mr BG received a sentence of life imprisonment.

The CCRC received an application for review of Mr BG’s sentence in February 2005.

The sentencing judge had set a notional determinate sentence of 14 years with a specified period of seven and a half years before Mr BG could be considered eligible for parole (taking into account Mr BG’s guilty plea, which was only entered on the day of trial at the last possible opportunity).

It was submitted that the specified period should have been set at half the notional determinate sentence and, in particular, that it was inappropriate to take into account the timing of the guilty plea in fixing the proportion to be served, as this was already taken into account in fixing the notional determinate sentence.

Following review, the CCRC concluded that the sentencing judge in his remarks had intended to give credit for a guilty plea to Mr BG but that he did so, erroneously, in applying the discount to the specified period rather than bringing this matter into account in setting the notional determinate sentence.

The CCRC further considered that, in the light of the judge’s plainly expressed intention to discount the sentence on account of Mr BG’s guilty plea, there was a real possibility that the Court of Appeal might conclude that the notional determinate should be reduced to reflect the judge’s sentencing intention.

In addition, the judge took into account time spent on remand from the time that Mr BG ceased to be subject to licence recall. This period was 208 days.

The judge in his sentencing remarks stated “and for all practical purposes that’s six months” with the result that Mr BG received credit for 183 days served on remand.

In Mr BG’s case, the CCRC did not consider that authority supported the “rounding” approach adopted by the judge and considered that credit should properly have been given for the full 208 days.

The CCRC referred the sentence in August 2005.

In July 2006, the Court of Appeal brought forward the date for first consideration of parole.