‘These appeals have therefore been listed together to enable this Court to repeat and emphasise general guidance about the procedure to be adopted where the defendant pleads guilty on a factual basis different to that which appears from the Crown’s case, or, indeed, a study of the papers. In short, we are concerned with the process which will achieve the sentence appropriate to reflect the justice of the case where there is plea of guilty, but some important fact or facts relating to the offence which the defendant is admitting, of potential significance to the sentencing decision, are in dispute.’
Judges:
Judge D LCJ L, Douglas Brown J, Bean J
Citations:
[2004] EWCA Crim 2256, [2005] 1 Cr App Rep 13
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Cairns v Regina CACD 16-Apr-2013
Appeals against sentence are mounted on the basis that the Judge has failed to have any, or sufficient, regard to the basis on which a plea of guilty has been entered. Re-statement of approaches. . .
Lists of cited by and citing cases may be incomplete.
Criminal Sentencing
Updated: 11 September 2022; Ref: scu.226778