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SENTENCING

04 October 2007
Issue: 7291 / Categories: Case law , Law digest
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R v Xhelollari [2007] EWCA Crim 2052

The imposition of a sentence of imprisonment for public protection was held to be wrong in principle, as the pre-sentence report did not identify factors which led to a conclusion that there was a significant risk of serious harm posed by the defendant.

The risk assessment of the report was based entirely upon the perceived vulnerability of the victim and the unwillingness of the appellant to acknowledge guilt. That is an inadequate basis on which to impose an indeterminate sentence on a necessary hypothesis that there is a significant risk of serious harm from future offending.

Such a conclusion must be founded upon evidence rather than speculation or mere apprehension of some risk of future harm.

The Sentencing Guidelines Council has published Dangerous Offenders: Guide for Sentencers and Practitioners (available on its web site: www.sentencing-guidelines.gov.uk).

It contains detailed guidance—including a summary of relevant case law—on the dangerous offender provisions in CJA 2003. Annex A contains useful flow charts for both adult offenders and young offenders.

Issue: 7291 / Categories: Case law , Law digest
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MOVERS & SHAKERS

Weightmans—Emma Eccles & Mark Woodall

Weightmans—Emma Eccles & Mark Woodall

Firm bolsters Manchester insurance practice with double partner appointment

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
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