The Criminal Cases Review Commission has referred to the Court of Appeal the five-month sentence imposed on Mr Vincent Murray for breach of his early release licence.
Mr Murray was convicted of wounding with intent at Leeds Crown Court on 2 July 2003 and sentenced to seven years in prison. However, the judge also imposed an additional five months for breaching his licence relating to an earlier offence.
In November 2003 Mr Murray appealed against both sentences but was refused leave by a Single Judge and then the Full Court. He applied to the Commission in March 2005.
The Commission has considered statutes and case law relating to sentencing and has concluded that Mr Murray should have been given credit for the time that he spent in custody following the revocation of his early release licence. On that basis, the Commission has decided to refer the case back to the Court of Appeal.
The Commission is the independent public body set up by Parliament in 1997 to investigate possible miscarriages of justice in England, Wales and Northern Ireland to decide if they should be referred to the appeal courts.
Mr Murray is represented by Carter Moore, St John St, Manchester, M3 4DX, Tel 0161 835 3000
This press release was issued by Boris Worrall, Head of Communication, Criminal Cases Review Commission on 0121 633 1806 or 07947 355231.
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