Appeal by the Crown by way of case stated from the decision of justices to sentence the Respondent in respect of an assault occasioning actual bodily harm, to which he had pleaded guilty, without having held a Newton hearing and reaching a factual determination as to whether (and, if so, the extent to which) (i) the Respondent had demonstrated towards the victim of the offence hostility based on his actual or presumed sexual orientation and/or (ii) the offence was motivated by hostility towards persons who are of a particular sexual orientation. It had been the prosecution case that the Respondent had demonstrated, or been motivated by, such hostility.
Judges:
Lord Justice Hickinbottom
Citations:
[2019] EWHC 2015 (Admin)
Links:
Jurisdiction:
England and Wales
Criminal Sentencing, Magistrates
Updated: 17 July 2022; Ref: scu.640119