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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

Sackers—Zak Ullah

Sackers—Zak Ullah

Sackers welcomes new associate

Christy Davies—Birmingham Law Society

Christy Davies—Birmingham Law Society

Ward Hadaway lawyer joins Birmingham Law Society Council

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons expands Chelmsford commercial litigation team with two appointments

NEWS
Construction workers injured in comparable accidents can face sharply different routes to compensation on opposite sides of the Atlantic
Victims of undue influence may have more options than simply unwinding a tainted transaction, with courts able to order profits accounts, compensation and, exceptionally, severance
Disabled people could lose vital safeguards following the Supreme Court’s reversal of the Cheshire West test for deprivation of liberty, two barristers warn
A formidable reputation cannot protect a law firm when partner departures, fragile finances and client uncertainty begin feeding each other
Businesses incorporating open-source software into commercial products could face obligations to disclose valuable source code, with AI-assisted development making licensing risks harder to track
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