In each case the appeal arose from difficulties with Newton Hearings, where the defendant had wished to plead guilty but on a different version of the facts from that proposed by the prosecution.
Held: The court restated and emphasised the general guidance. So far as possible the facts upon which he should be sentenced should be the true facts. The responsibility for identifying differences began with the defence. Clear records should be kept, and it remained open to the judge to reject or accept any agreed version of the events, or to order a Newton Hearing. If a hearing was to take place it should do so immediately if possible, and the judge must be careful to ensure that he directs himself as he would a jury.
Judges:
Judge LJ, Douglas Brown, Bean JJ
Citations:
Times 01-Sep-2004
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Newton CACD 1982
Where there is a plea of guilty but there remains a conflict between the prosecution and defence as to the facts, the trial judge should approach the task of sentencing in one of three ways: a plea of not guilty can be entered to enable the jury to . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 06 May 2022; Ref: scu.200681
