Sentencing And Appeal Procedure

Question 1

What must court consider when determining the seriousness of any offence ?

Answer 1

The offenders culpability in committing the offence.

Question 2

What are the four levels of culpability ?

Answer 2

Deliberate
Reckless
Negligent
No culpability

Question 3

What does concurrent vs consecutive sentences mean ?

Answer 3

At judges discretion whether offences are served at same time or one after another (if unrelated facts)

Question 4

What effect does guilty plea at different stages have ?

Answer 4

First stage of proceedings - 1/3
Plea after first stage - 1/4

Question 5

What is a custodial sentence ?

Answer 5

Offence or combination of offences so serious that neither fine nor community service can be justified for sentence

Question 6

What is a suspended sentence ?

Answer 6

Not imprisoned immediately, but given opportunity to show they won’t offend again

Question 7

What is a Newton hearing ?

Answer 7

D pleads guilty to offence but there is a disagreement with prosecution as to material facts on which d should be sentenced

• purpose of hearing is for court to resolve dispute and determine correct factual basis for sentence.

Question 8

If appealing magistrates decision against sentence or conviction where is the appeal to ?

Answer 8

Appeal to crown court (leave of appeal not required within 15 days)

Question 9

If appealing magistrates decision against error of law where would they appeal to ?

Answer 9

High court - must be in writing 21 days after decision