Sentencing - Overview Flashcards
What are the 5 purposes of sentencing for adult offenders?
Punishment, reduction of crime, reform/rehabilitation, protection of the public and reparation to victims. All carry equal weight.
What is max sentence for either-way offences in Mags
12 months imprisonment PER offence
Can an either-way offence be sent back from the Crown to Mags for sentence?
No - once an either way case is in Crown, it must be sentenced there
What if D pleads guilty but disputes the Prosec’s facts?
A written basis of plea is submitted. If the facts differ materially, a Newton hearing may be required.
What is a Newton Hearing?
A mini trial to determine the correct factual basis for sentencing following a guilty plea.
Who decides the facts in a Newton Hearing?
The Judge, who acts as arbiter of law and fact in both Mags and Crown court
Standard of proof in in Newton hearing?
Prosec must prove its version beyond reasonable doubt
Impact on credit if Prosec wins Newton Hearing?
D will lose some credit for their plea due to the extra time and witness evidence required
What is the totality principle in sentencing?
The court must impose a sentence that is just and proportionate, considering all offences together.
When are concurrent sentences appropriate?
When the offences arise out the same facts or are closely connected
When are consecutive sentences appropriate?
When the offences arise from distinct facts or incidents
Can a sentence be deferred?
Yes - for up to 6 months, giving D an opportunity to demonstrate change.
Can deferral be extended
No - unless Crown receives a case committed from the Mags and decides to defer again for up to 6 months
What is an indication of Sentence?
a formal advance statement from the court as to the likely sentence if D pleads guilty
What is a Goodyear indication
A Crown court indication of sentence, given before the jury returns a verdict, if D accepts the prosec’s facts or has agreed a basis of plea
When is an indication binding?
Only when D pleads guilty following the indication
What indication can Mags give?
Whether the sentence would be custodial or non-custodial - not the exact sentence
