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29 May 2008
Issue: 7323 / Categories: Case law , Procedure & practice , Law digest
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SENTENCING

Attorney General’s References (Nos 115 and 116 of 2007); R v M and another [2008] EWCA Crim 795, [2008] All ER (D) 47 (May)

The requirement (under s 174(2)(a) of the Criminal Justice Act 2003) that, where guidelines indicate that a sentence of a particular kind or within a particular range would normally be appropriate but the actual sentence is of a different kind or is outside that range, the court should state the reasons for deciding on a sentence of a different kind or outside that range, is not a mere formality.

 

The public, the victim, and the defendant are entitled to know why there has been a departure. If the judge is going to pass a non-custodial sentence, where it is obvious that the guidelines require a custodial sentence, and the judge knows that the victim might not understand it, it is essential that the reasons for the departure are explained, so the public can understand why the court is departing from the norm.

 

Moreover, the thought process of producing reasons can point to a potential error in adopting the course of action contemplated.

 

Issue: 7323 / Categories: Case law , Procedure & practice , Law digest
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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
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