R v Smiley
[2023] EWHC 2185 (SCCO)
Definition of "cracked trial" and "Newton Hearing" as per Schedule 2, paragraph 1 of the Criminal Legal Aid (Remuneration) Regulations 2013.
Criminal Legal Aid (Remuneration) Regulations 2013, Schedule 2, paragraph 1
Principles of R v Newton (1982) 77 Cr App R 13 regarding Newton Hearings (fact-finding hearings for sentencing). Three forms identified: jury decision, judge's decision based on evidence, judge's decision based on submissions.
R v Robert John Newton (1983) 77 Cr. App. R. 13
A concession by the Crown does not constitute a finding by the court.
This case's judgment
For a Newton hearing, a factual dispute must exist for the judge to resolve.
This case's judgment
Appeal dismissed.
No Newton hearing took place because there was no factual dispute for the judge to resolve. The judge's consideration of unchallenged evidence did not constitute a finding of disputed facts.