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24 July 2008
Issue: 7331 / Categories: Case law , Law digest
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SENTENCING

R v Cundell [2008] EWCA Crim 1420

The defendant did not plead guilty (to an either-way offence) until his case was sent to the Crown Court.

HELD The maximum discount of one-third is usually available in circumstances where a defendant accepts his guilt at the earliest opportunity. That may be at the first hearing before the magistrates’ court, but the earliest reasonable opportunity may come sooner. In such a case, a discount of about 25% would be reasonable.

Sentencing Guidelines Council

The SGC has published an update to the Magistrates Courts Sentencing Guidelines (including new guidelines for causing death by careless driving and causing death by driving; unlicensed, disqualified or uninsured drivers; and revisions to the explanatory material relating to the sentencing of dangerous offenders); definitive guidelines for causing death by driving; and (in light of the amendment of the dangerous offender provisions in CJA 2003 by the Criminal Justice and Immigration Act 2008) a new Guide for Sentencers and Practitioners on dangerous offenders.

Issue: 7331 / Categories: Case law , Law digest
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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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