Where a defendant admitted robbery but denied having a firearm, the judge held a Newton trial to decide the issue. The defendant appealed, saying that such a serious issue should properly have been tried as a separate count on the indictment, and he should have had the opportunity to put his case before a jury.
Held: The Newton trial was inappropriate. It was a grave allegation, and the need for economy should not be allowed to remove that protection. The defendant was re-sentenced on the basis that he had not had a firearm.
Citations:
Times 03-May-2001
Jurisdiction:
England and Wales
Cited by:
Cited – Hylands, Regina v CACD 25-Nov-2004
The defendant had been convicted of robbery. Evidence suggested that he may had had with him a firearm. He appealed an automatic life sentence for a second serious offence.
Held: In order for an offence to come within the section, either the . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 28 April 2022; Ref: scu.88448