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30 March 2007
Issue: 7266 / Categories: Case law , Law digest
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SENTENCING

R v C [2007] EWCA Crim 680, [2007] All ER (D) 362 (Mar)

The court gave guidance on the imposition of extended sentences under the Criminal Justice Act 2003, ss 227 and 228.

(i) There is nothing unlawful about the imposition of a concurrent or consecutive sentences.

(ii) The Court of Appeal will not interfere where extended or indeterminate sentences are justified, unless the practical result is manifestly excessive, or for some reason gives rise to real problems of administration.

(iii) However, judges should try to avoid consecutive sentences if that is at all possible and adjust the custodial term or minimum period within concurrent sentences to reflect the overall criminality if that is possible within other sentencing constraints.

(iv) If consecutive sentences are considered appropriate or necessary, if one or more of those sentences is a determinate sentence, the determinate sentences should be imposed first, and the extended sentence or sentences expressed to be consecutive.

(v) In shaping the overall sentence, judges should remember that there is no obligation for the sentences to be expressed in historical date order. There is nothing wrong with stating that the

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Jurit LLP—Caroline Williams

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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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