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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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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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