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18 October 2007
Issue: 7293 / Categories: Case law , Law digest
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Sentencing

R v Green [2007] EWCA Crim 2172

This case concerned the dangerous offender provisions in the Criminal Justice Act 2003. It was held that CJA 2003, s 225 does not require a nexus between the particular facts of the particular offence and the finding of dangerousness.

Once a defendant has been convicted of a serious offence within the meaning of the Act, whatever the facts and nature, it is perfectly possible for a finding of dangerousness to be made on the basis of material which has no close relationship to the actual offence for which sentence is being passed. In practice such cases will no doubt be very rare, but there is, said the court, no doubt as to the position in principle.

In R v Shan [2007] EWCA Crim 1861; [2007] All ER (D) 43 (Oct) the defendant was sentenced to 15 months’ detention in a young offender institution. He appealed against sentence, contending that the sentence was unlawful because s 101(1) of the Powers of Criminal Courts (Sentencing) Act 2000 stipulates that the terms of a detention and training order shall be four, six, eight, 10, 12, 18 or 24 months.

It was held that the only reason why 15 months is not available as a detention and training order is that the detention and training regime is geared to specific programmes of work and training which can not readily be adapted on a daily or weekly basis. There is no philosophical reason why a 15-month detention and training order could not exist.

In this case, the imposition of that sentence was neither wrong in principle nor manifestly excessive. Note: it is respectfully submitted that this decision is inconsistent with the clear wording of the statute and so it might have been more appropriate to correct the sentence by reducing it to 12 months.

Issue: 7293 / Categories: Case law , Law digest
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NLJ Career Profile: Nikki Bowker, Devonshires

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Leasehold enfranchisement specialist joins residential property team

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Firm strengthens commercial team in Manchester with partner appointment

NEWS
The government will aim to pass legislation banning leasehold for new flats and capping ground rent, introducing non-compulsory digital ID and creating a ‘duty of candour’ for public servants (also known as the Hillsborough law) in the next Parliament

An Italian financier has lost his bid to block his Australian wife from filing divorce papers in England on the basis it was no longer her domicile of choice

Reforms to the disclosure regime in the business and property courts have not achieved their objectives, lawyers have warned
The Law Society has urged ministers to hold a public consultation on the use of artificial intelligence (AI) in the justice system as a whole
Ministers have proposed bringing inquest work under a single fee scheme for legal help and advocacy legal aid work
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