McElwee, Mark
Published:
Mark McElwee was convicted in May 2004 of two counts of burglary and breach of licence.
Mr McElwee received a sentence of five years’ imprisonment on each count concurrent for burglary with both terms consecutive to a return to custody for 417 days pursuant to section 116 of the Powers of the Criminal Courts (Sentencing) Act 2000.
The CCRC received an application for review Mr McElwee’s sentence in May 2006.
Following review, the CCRC concluded that when the judge had sentenced Mr McElwee for breach of licence, he failed to take into account the time which Mr McElwee had already spent in prison after he was recalled.
The CCRC referred the sentence in December 2006.
The Court of Appeal reduced the sentence in April 2007.