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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

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of litigation and dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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