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04 October 2007
Issue: 7291 / Categories: Case law , Law digest
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SENTENCING

R v Xhelollari [2007] EWCA Crim 2052

The imposition of a sentence of imprisonment for public protection was held to be wrong in principle, as the pre-sentence report did not identify factors which led to a conclusion that there was a significant risk of serious harm posed by the defendant.

The risk assessment of the report was based entirely upon the perceived vulnerability of the victim and the unwillingness of the appellant to acknowledge guilt. That is an inadequate basis on which to impose an indeterminate sentence on a necessary hypothesis that there is a significant risk of serious harm from future offending.

Such a conclusion must be founded upon evidence rather than speculation or mere apprehension of some risk of future harm.

The Sentencing Guidelines Council has published Dangerous Offenders: Guide for Sentencers and Practitioners (available on its web site: www.sentencing-guidelines.gov.uk).

It contains detailed guidance—including a summary of relevant case law—on the dangerous offender provisions in CJA 2003. Annex A contains useful flow charts for both adult offenders and young offenders.

Issue: 7291 / 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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