Risks of Newton Hearing avoided for client
Nottingham crime solicitor Stacey Mighty recently avoided a Newton Hearing for her client before the Magistrates’ Court. A Newton Hearing is a trial of the factual issues in a case.
This allows the court to decide how to sentence a person once they have entered a guilty plea. They arise where there is a difference between the prosecution and defence version of events that would make a difference to sentence.
An unsuccessful Newton Hearing from a defendant’s point of view can have unfortunate consequences. Not only will they be sentenced on facts that are more serious, the defendant will also lose credit for having argued an unsuccessful point.
Different accounts in assault allegation
Stacey’s client faced an allegation of assault. While he accepted that he had committed an assault, he maintained that he had shoved the victim rather than punched them.
The victim of the assault was no longer cooperating with the prosecution, but there remained an independent witness who maintained that they had seen a punch rather than a push. The prosecution argued that this difference in account would in turn make a difference to how our client was sentenced.
Newton hearing avoided
Stacey argued, however, that the version of events were not dissimilar and the issue of whether there was a punch or a push would make no real difference to sentence. The Magistrates agreed and as a result Stacey’s client obtained the following benefits:
- he was sentenced on the basis of a push rather than a punch, and
- he kept all of the credit provided by his guilty plea
As a result, Stacey mitigated and persuaded the Magistrates’ that the case was not serious enough for a community penalty. Instead her client was fined and ordered to pay compensation.
Contact Nottingham crime solicitor Stacey Mighty
Please call her on 0115 9599550 or use the enquiry form below.