Sentencing intro Flashcards
What are the purposes of sentencing?
- Punishment of offenders
- Reduction of crime
- Reform and rehab of offenders
- Protection of the public
- Making reparation by offenders to persons affected by their offences
What can the Magistrates’ Court do with an adult for sentencing for an either way offence?
Commit an adult for sentence to the Crown Court if greater sentencing powers are required.
Once a case is sent to the Crown Court, what cannot happen?
It cannot be sent back to the Magistrates’ Court for sentence
What is the purpose of a Newton Hearing?
To ascertain the basis of the plea, determining what actually happened regardless of guilt.
When is a Newton hearing held?
- when D pleads guilty on a basis that will make a material difference to sentence
- the court holds a Newton hearing to determined the basis on which it should sentence
Where does a Newton Hearing take place?
In the Crown Court without a jury, and in front of a judge in both courts.
What is the process during a Newton Hearing?
The prosecution makes an opening speech, calls evidence, and witnesses can be cross-examined. The defendant gives evidence and can call witnesses, with both parties entitled to a closing speech.
What must the court decide regarding the prosecution’s version of the facts?
Whether the prosecution has proved its version of the facts beyond reasonable doubt.
What happens if the prosecution proves its version of the facts?
The defendant is sentenced on the prosecution’s facts, losing some credit for pleading guilty.
What happens if the prosecution does not prove its version of the facts at a Newton hearing?
The defendant is sentenced on their written basis of plea.
What is the concept of totality in sentencing?
Considering what the total sentence should be when there is more than one offence.
How can sentences be treated in terms of totality?
- Concurrent sentence (run together)
- Consecutive sentence (runs one after the other)
What is the maximum period a court can defer a sentence?
Up to six months.
What can a defendant prove during a deferred sentence period?
That they have ‘changed’ or that the crime was a ‘one off’.
When can the 6 month deferral period be extended?
- MC defers
- At the end of that period, it decides to commit for sentence to CC
- CC can then defer for another 6 months
When might the D ask for an indication of sentence in the MC?
If the offence is either way and the court has accepted jurisdiction.
What will the MC give on an indication of sentence?
- does not have to give anything
- if it does, can only give an indication of custodial or non-custodial sentence
When is the indication of sentence binding in the Magistrates’ Court?
Only if the defendant then pleads guilty.
What is an indication of sentence called in the Crown Court?
Goodyear Indication
When can the D ask for an indication of sentence in the CC?
- Before the PTPH
- or at any stage of the proceedings before the jury return their verdict
What must a defendant do before asking for an advance indication of sentence?
Accept the prosecution facts or agree on a written basis of plea with the parties and the court, and give clear instructions to their counsel that they wish to ask for an advance indication of their sentence.
How do you determine the seriousness of the sentence that should be given?
- Culpability
- Harm
What does culpability refer to?
Blameworthiness - some factors to consider:
- the offender’s role
- level of premeditation and intention
- extent and sophistication of planning
What does harm refer to?
Assessment of damage caused to the victim - some factors to consider:
- alcohol/drugs
- weapon
- sustained and repeated assault
- breach of trust
