AG vs Brandon Caswell

This case involved the recall of Brandon Caswell to prison for breach of licence and the commencement of a new sentence.

TLDR:

• Brandon Caswell was recalled to prison for breach of licence.
• The court had to determine the commencement of his new sentence.
• The court considered statutory provisions and historical practices in England.
• The sentence was directed to commence immediately.

The case concerned Brandon Caswell, who was recalled to prison for breaching his licence. The recall was mandated by the Governor under the Prison Rules 1999 of St Helena. The court had to decide when Caswell's new sentence should commence, given the complexities of recall procedures and the statutory provisions in place.

The court compared the statutory provisions of St Helena with those of England to determine the best approach. Historically, courts in England had the power to order those on licence to serve the balance of their original sentence before a new one commenced. However, this power was removed in 2004 when recall became an administrative process. In St Helena, recall remains at the discretion of the Governor and can occur for various reasons, not necessarily criminal offences.

The court noted that it was not possible to aggregate two sentences where the release date on one of them might vary. This made it challenging to consider the totality of the sentences. The court could not assume that Caswell would serve out the balance of his existing sentence, nor could it increase the new sentence to account for the recall period.

The court referenced the case of Jamie Costello v The Queen [2010] EWCA Crim 371, which prohibited increasing the sentence to ensure the time served equated to the recall period and the new sentence combined. Doing so would undermine the Governor's discretion to allow early release.

Ultimately, the court directed that Caswell's new sentence should commence immediately, with applicable remand time being considered. This decision was made to avoid unfairness and to respect the Governor's discretion in matters of recall and early release.

The case highlighted the complexities involved in sentencing when a prisoner is recalled for breach of licence, particularly in jurisdictions like St Helena where the recall process differs from that in England.

Legal representatives: Not specified

Judicial Panel: Not specified

Case Citation Reference: [2021] St Helena Magistrates' Court