For the judge to form his own judgment of the evidence he has heard on the extent of the offending conduct beyond the instances specified in individual counts is to ‘deprive the appellant of his right to trial by jury in respect of the other alleged offences’. Unless such other offences are admitted, such deprivation cannot in our view be consistent with principle.’
Citations:
(1972) 56 Cr App R 307, [1972] WLR 398
Jurisdiction:
England and Wales
Cited by:
Cited – Regina v Canavan, Kidd, Shaw CACD 10-Jul-1997
A sentencing court cannot take into account factors neither admitted by nor proved against the defendant. The cases sought to be allowed for by the Crown were representative but unadmitted counts. It offended a fundamental principle of sentencing . .
Cited – Tovey and Another v Regina CACD 9-Mar-2005
Each defendant appealed sentences where he had committed a series of offences and the sentence had been for specimen acts.
Held: When choosing representative offences a prosecutor should be careful to try to give the court a proper picture of . .
Lists of cited by and citing cases may be incomplete.
Criminal Sentencing
Updated: 06 May 2022; Ref: scu.224229
