Muldoon, James

James Muldoon was convicted of robbery, failure to surrender to bail and breach of a suspended sentence at Lincoln Crown Court in April 2008.

He was sentenced to 12 years’ imprisonment for the robbery, to three months to run consecutively for the failure to surrender to bail and to 12 months to run consecutively for breach of a suspended sentence.

The CCRC received an application for review of Mr Muldoon’s sentence in February 2012.

Having reviewed the case, the CCRC referred the sentence to the Court of Appeal because it considered there was a real possibility the Court would amend the sentence.

The CCRC considered that the Court did not consider the effect of section 240 of the Criminal Justice Act 2003, in relation to the period that Mr Muldoon spent on remand for offences of burglary in August 2005, when making an order (under paragraph 8(2) of Schedule 12 CJA 2003) for the suspended sentence to take effect in April 2008, and whether time served on remand for those offences should count as time served by him as part of that custodial sentence.

The CCRC referred the sentence in May 2012.

The Court of Appeal upheld the sentence in September 2012.