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 disclosed to a probation officer for the purposes of a pre-sentence report, differed from the Crown’s case, the defendant should draw the passage to the attention of the court and if the court did not accept a defendant’s account it should make that clear before sentence.
Judges:
Lord Bingham LCJ
Citations:
Times 28-Apr-1998, [1998] EWCA Crim 1219, [1999] 1 Cr App R 29, [1998] Crim LR 425
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Regina v Neal, Hood CACD 28-Nov-2003
The defendants appealed sentence for having been involved in the large scale importation of cigarettes evading customs duty.
Held: The judge had paid proper attention to Dosanjh. Having regard also to Czyzewski, the sentences were within the . .
Cited – Knaggs v Regina CACD 13-Jul-2009
The defendant appealed against a confiscation order, made on the basis of evidence secured from a probe installed in his car. He had made clear that he disputed the recordings. A second judge had inherited the proceedings, and ruled that he could . .
Cited – 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. . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice, Criminal Sentencing
Updated: 11 October 2022; Ref: scu.154093
