Sentencing

Question 1

What happens in a newton hearing?

Answer 1

Evidence is called by both parties and the judge (sitting without a jury) or the magistrates decide the basis of sentence

Question 2

When are the facts that generally give rise to a newton hearing?

Answer 2

When the accused pleads guilty on a specific basis that the prosecution does not accept

Question 3

What are the 2 main questions the court will ask to decide whether a newton hearing should take place?

Answer 3

Defence drafts written basis of plea and pass to prosecution

1. Is the basis absurd?
   If yes = prosecution facts
   If no = step 2
2. Will it make a material difference to sentence?
   If yes = newton hearing
   If no = defence facts

Question 4

What happens if the defendant is unsuccessful at a newton hearing?

Answer 4

Any credit given for guilty plea is halved

Question 5

How much credit is given for a guilty plea?

i. first hearing
ii. after first stage
iii. first day of trial

Answer 5

i. 1/3
ii. 1/4
iii. 1/10

Question 6

When should you pass a custodial sentence?

Answer 6

the offence(s) is so serious that neither a fine alone nor a community sentence can be justified

Question 7

When should you pass a community order?

Answer 7

offence(s) was serious enough to warrant order