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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

Clyde & Co—Suriya Ashok

Clyde & Co—Suriya Ashok

Clyde Co strengthens energy transition and construction offering with hire of Suriya Ashok

Jurit—Nicole Gallop Mildon

Jurit—Nicole Gallop Mildon

Jurit appoints rare dual-qualified lawyer to expand Anglo-French private wealth expertise

NEWS
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

Consumer credit law is heading for its biggest shake-up in 50 years, with the Consumer Credit Act 1974 set to yield much of its detailed statutory machinery to FCA rules
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
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