The Chindamo Case

Chindamo was born in Italy in 1980 of a Philippina mother and Italian father. His mother obtained a legal separation from the father on grounds of violent behaviour. She obtained a residence permit as an EEA national exercising Treaty rights and the appellant arrived in the United Kingdom with her in January 1987. In December 1995, at the age of 15, as a member of a gang he murdered the headmaster of a school in Maida Vale. He was convicted of murder and sentenced to be detained during Her Majesty’s pleasure. The tariff decided by the Home Secretary, under procedures which obtained at that time, was 12 years – i.e. he could not be considered for parole until the expiry of that period…….

The facts of the case are unusual and the question arises whether it is to be regarded as a one off. In view of the large influx of immigrants from Eastern European Member States since May 2004, there must be a strong possibility that the question of the expulsion after completion of their sentences of EU nationals who have been convicted of serious crimes will arise more often than hitherto.

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