- Published on
KembaraXtra – Legal Terms – Newton Hearing
A Newton hearing occurs when a defendant pleads guilty to a criminal offence but disputes important factual details presented by the prosecution.
The hearing allows both the prosecution and the defence to present evidence about the disputed facts before sentencing takes place.
This procedure is used where the disagreement could significantly affect the severity of the sentence imposed by the judge.
Unlike a normal criminal trial, the hearing takes place without a jury, and the judge alone decides which version of the facts is correct.
The term comes from the case R v Newton [1982], and the judge must be satisfied beyond reasonable doubt that the defendant’s account is inaccurate before rejecting it.
A Newton hearing occurs when a defendant pleads guilty to a criminal offence but disputes important factual details presented by the prosecution.
The hearing allows both the prosecution and the defence to present evidence about the disputed facts before sentencing takes place.
This procedure is used where the disagreement could significantly affect the severity of the sentence imposed by the judge.
Unlike a normal criminal trial, the hearing takes place without a jury, and the judge alone decides which version of the facts is correct.
The term comes from the case R v Newton [1982], and the judge must be satisfied beyond reasonable doubt that the defendant’s account is inaccurate before rejecting it.
0 Comments