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22 February 2007
Issue: 7261 / Categories: Case law , Law digest
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SENTENCING

R v Seed; R v Stark [2007] All ER (D) 161 (Feb)

The court gave further guidance on the imposition of custodial sentences at a time of prison overcrowding:
 

(i) It does not follow from the fact that the custody threshold—Criminal Justice Act 2003 (CJA 2003), s 152(2)—has been passed that a custodial sentence has to be imposed, since the effect of a guilty plea or of personal mitigation might make it appropriate to impose a non-custodial sentence.

(ii) When considering the length of the sentence (under s 153(2)), it should be borne in mind that the prison regime is likely to be more arduous as a result of overcrowding.

(iii) Unless imprisonment is necessary for the protection of the public, courts should always give consideration to the question of whether the aims of rehabilitation, and thus the reduction of crime, could be better achieved by a fine or community sentence rather than by imprisonment, and whether punishment could adequately be achieved by such a sentence.

(iv) While there might previously have been reluctance to impose fines because fines were often not enforced, enforcement of fines is now rigorous and effective. Where an  offender has the means, a heavy fine can often be an adequate and appropriate punishment. If so, CJA 2003 requires a fine to be imposed rather than a community sentence.

(v) Particular care should be exercised before imposing a custodial sentence on a first-time offender. Association with seasoned criminals might make re-offending more likely rather than deter it, especially if the offender is young. A clean record can be important personal mitigation and might make a custodial sentence inappropriate despite the fact that the custodial threshold is crossed.

Issue: 7261 / 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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