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.

Citations:

[2013] EWCA Crim 467

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

CitedUnderwood 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 . .
CitedRegina 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