There had been a Newton hearing in order to establish the factual basis of the conviction. The defendant appealed against sentence saying that the judges conclusions from the Newton hearing could not stand: ‘i) There had been a deliberate withholding of documents by the police and a deliberate failure to disclose. This was a serious allegation amounting in effect to a conspiracy to pervert the course of justice.
ii) The judge misapplied the evidence in relation to the appellant’s income and further evidence should be received by this court.’
Judges:
Thomas LJ, Wilkie, Nicol JJ
Citations:
[2011] EWCA Crim 254, [2011] 3 All ER 373, [2012] 1 WLR 633
Links:
Jurisdiction:
England and Wales
Criminal Sentencing
Updated: 27 March 2022; Ref: scu.430280