How does totality work with multiple trials?
How does totality work with multiple trials?
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Somewhatfoolish

Original Poster:

4,958 posts

208 months

Monday 27th November 2023
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Let's say you murder someone as part of your moderate size drug dealing enterprise, but the latter is discovered a bit later so there are two separate trials.

In the trial for the murder you get a 25 year minimum sentence.

The drug dealing would be worth 7 years generally speaking.

Had there been only one trial you would have got a 27 year minimum sentence cause of totality.

(I made the above numbers up but assume they fit the offences).

But there wasn't one trial, there were two trials. How does the second judge do the sentencing?

jfdi

1,299 posts

197 months

Monday 27th November 2023
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Asking for a friend? wink

Jamescrs

5,793 posts

87 months

Monday 27th November 2023
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The sentences run concurrently they don’t stack them up on top of each other.

I don’t know if it’s a possibility in law for a Judge to do that but I’ve never seen it happen and through work I have seen the situation the OP states happen, the defendant was already in prison for Murder and committed a further offence whilst in prison for which he pleaded guilty.

agtlaw

7,275 posts

228 months

Monday 27th November 2023
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Jamescrs said:
The sentences run concurrently they don’t stack them up on top of each other.
Incorrect. The sentences can be consecutive or concurrent and a prisoner serving life who assaults a prison guard, for example, should expect the assault sentence to be consecutive to his life sentence.

Somewhatfoolish

Original Poster:

4,958 posts

208 months

Monday 27th November 2023
quotequote all
agtlaw said:
Jamescrs said:
The sentences run concurrently they don’t stack them up on top of each other.
Incorrect. The sentences can be consecutive or concurrent and a prisoner serving life who assaults a prison guard, for example, should expect the assault sentence to be consecutive to his life sentence.
So what would the judge sentence in my example? 2 years consecutive?

And what happens if the murderer doesn't get out at 25 years but say 30 years? Does the 2 year thing start at 25 years anyway or only at the point where the parole board gives the green light?

agtlaw

7,275 posts

228 months

Monday 27th November 2023
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Somewhatfoolish said:
So what would the judge sentence in my example? 2 years consecutive?

And what happens if the murderer doesn't get out at 25 years but say 30 years? Does the 2 year thing start at 25 years anyway or only at the point where the parole board gives the green light?
The additional sentence increases the minimum term before which the prisoner can apply to the Parole Board.

Example:

https://www.leicestermercury.co.uk/news/jobs/convi...


Somewhatfoolish

Original Poster:

4,958 posts

208 months

Wednesday 29th November 2023
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Fank you