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Regina v Eubank: CACD 3 May 2001

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:

CitedHylands, 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

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