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.
Citations:
[2013] EWCA Crim 467
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Underwood and Others, Regina v CACD 30-Jul-2004
‘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 . .
Cited – Regina v Tolera CACD 7-Apr-1998
A defendant asking to be sentenced on a factual basis other than the prosecution sought, should first put the basis in writing. Where the differences might affect sentence then a Newton hearing would be appropriate. Where a defendant’s account, as . .
Lists of cited by and citing cases may be incomplete.
Criminal Sentencing
Updated: 12 September 2022; Ref: scu.472639