08 Sentencing

Question 1

Plea in mitigation

Answer 1

The objective of the plea in mitigation is to persuade the sentencing court to impose upon the defendant the most lenient sentence which the court could reasonably be expected to give for that offence.

Although there is no law or procedural rules on this, the structure of a plea in
mitigation may be divided into four parts:

(a) The likely sentence – the defendant’s solicitor may begin by identifying the likely sentence.

(b) The offence – the defendant’s solicitor could then address the circumstances of the offence, minimising the impact of any aggravating factors and stressing the importance of any mitigating factors that are present.

(c) The offender – after dealing with the offence, the defendant’s solicitor could then
emphasise any personal mitigation which the defendant may have.

(d) The suggested sentence – the plea in mitigation should conclude with the defendant’s solicitor suggesting to the court the type of sentence which he considers it would be most appropriate for the court to impose.

Question 2

Newton hearings

Answer 2

When a defendant pleads guilty to the charge they face but disputes the specific
factual version of events put forward by the CPS

Purpose: for the Court to resolve the dispute and ascertain the correct factual basis for the sentence to be impose

Evidence is called by both parties and the judge (sitting WITHOUT a jury) or the magistrates decide the basis on which they will pass sentence

Burden of proof lies with the prosecution to satisfy the court beyond reasonable doubt that their version of evets is correct

Case of R v Newton (1983) 77 Cr App R 13.

Question 3

Community order